Most individuals would assume (correctly) that, when engaging in a sport or recreational activity, he/she consents to certain risks inherent to that activity.
For example, when playing golf, one generally assumes the risk of being hit by an errant golf ball. While everyone wishes they were Tiger Woods, the vast majority of golfers are more like Al Czervik. If you have been playing golf for any amount of time, you have either been hit, come close to being hit or seen someone else be hit with a golf ball.
Even if another golfer fails to warn you that they are about to hit a shot and accidentally injures you with a “shanked” shot, New York courts generally will not hold that person liable for your injuries because this is a commonly appreciated risk of the game. However, this does not mean all risks of golfing, and other sport and recreational activities are assumed by the participant.
Assumed Risk of Injury With Golf and Other Sports: When Can You Pursue Compensation?
Per the assumption of risk doctrine, individuals who choose to participate in sports and other recreational activities consent to the risks inherent in those activities. By participating in the sport, you knowingly acknowledge the potential that you could be injured.
Despite this assumed risk of injury, there are times when you may be entitled to pursue compensation if you’re injured during a recreational event or sporting activity. When someone creates a dangerous condition over and above the usual inherent dangers, he/she may be held liable for injuries caused by that condition.
In a recent case, a golfer was injured when his tee shot ricocheted off a masonry-block retaining wall protruding above grade level at the front of a tee box and struck him in the head. The golf course admitted that the recently constructed wall was supposed to be below the grade level of the tee box, and that it was also obscured by grass. The court allowed the golfer’s claim against the golf course to proceed to trial because, under these circumstances, the tee box was not as safe as it appeared to be (i.e. the risk was not open and obvious).
Pursue The Compensation You Deserve After Being Injured During a Recreational Activity
This exception to the assumed risk of injury rule is applicable to all sports and recreation activities – not just golf.
If you find yourself injured as a result of participating in any type of sport or recreational activity, do NOT assume that you have no recourse. You may in fact be entitled to compensation. As a result, it is in your best interest to seek the advice of a competent attorney as soon as possible after the incident occurs.
Injured During a Sporting Event Near Albany, Saugerties or Johnstown? Contact Maynard, O’Connor, Smith & Catalinotto.
If you have been injured in a sports accident that you believe was caused by someone else’s negligence or a dangerous condition over and above the usual inherent dangers of the activity you were participating in, you may be entitled to compensation. If the accident occurred in Albany, Johnstown, Saugerties, Amsterdam, Catskill, Gloversville, Hudson or elsewhere throughout Upstate NY, consider contacting the personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto.
With decades of experience handling personal injury cases of all kinds, our team of experts can help you pursue your case and retain the compensation you are entitled to. We will guide you every step of the way, from determining whether or not you have a case to the settlement or the courtroom. Our team will work hard on your behalf to get you the compensation you deserve.
We have offices in Albany, Saugerties and Johnstown, and are a convenient choice for individuals throughout the state of New York. Think you might have a personal injury case on your hands? Give us a call today at (800) 721-3553 or contact us online for a free case review.
Interested in learning more about sports injuries and assumption of risk? Check out our When Should You Call A Sports Injury Attorney? post.
Injured while spectating at a sporting event? Find out if you could be entitled to compensation!
