The United States hosts some of the finest winter sports destinations around the world. As a matter of fact, there are 425 snow sports areas and resorts all across the USA, as per visittheusa.com, the official travel site of the USA. From skiing, hockey, sledding, to snowboarding, people in the US indulge in various winter activities. However, most of the winter sports come with inherent risks attached to them, and thousands of people sustain injuries while participating in these activities.
If you become a victim of an injury due to the negligence of someone else, you can file a lawsuit against them. However, winter sports injury cases are not dealt like conventional personal injury claims, thus it can be a wise choice to consult an experienced personal injury lawyer before initiating a legal action.
Voluntary Assumption of Risk
The doctrine of voluntary assumption of risk states that an individual who opts to participate in winter sports activities provides consent to the inherent risks that are associated. For instance, if you sustain an injury while skiing and file a claim against the negligent party; an individual, or perhaps the resort, they may use the voluntary assumption of risk as a defense to limit or disregard their liability.
Can I Pursue A Claim After A Sports Injury?
There are some cases where you may be entitled to obtain compensation, despite the voluntary assumption of risks, provided that the hazard that caused you an injury was caused due to the negligence or deliberate act of another individual, kept concealed before the participation, or outside the scope of the inherent risks associated with that particular activity.
For instance, if you are skiing on the expert-level slope and another individual emerges from a blind spot, perhaps from behind a tree, at a high speed, then this is a clear violation of trail rules, hence you might be able to pursue damages if you sustain an injury. This means that the law still gives you a right to obtain compensation for legitimate winter sports injury caused due to the negligence or recklessness, whose scope falls outside the injuries that are typically expected in a particular winter sports activity.
If you or your loved one has sustained a winter sports injury which could have been avoided, you should procure legal services from a reputable personal injury lawyer. A competent attorney will ensure that your legal rights remain protected.
Using their vast experience and proficiency in legal matters, a skillful personal injury lawyer will be able to navigate the intricacies of the law pertaining to sports injuries, which will allow you to obtain rightful compensation for your loss and sufferings.
If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.