Do not expect to engage your body in voluntarily, aggressive contact with another human or an
intimate object in some way propelled by human strength and leave the experience without any
wear on your body. These frightening instances bring up questions regarding the assumption of risk
that both athletes and observers take when choosing to be a part of a sporting
event.The legal definition for "assumption of risk" is:an affirmative defense that the plaintiff cannot receive
compensation for injuries from the defendant because the plaintiff freely and knowingly assumed the risk
of injury and relieved the defendant of the obligation to act with reasonable care.When a
college quarterback in Texas takes to the field on a Saturday night, he cannot sue
the linebacker on Monday morning if he is sacked too many times and sustains serious
injuries. If you visit the website for campus recreation at Texas A & M University,
you quickly will spot the consent form that all participants must sign before being allowed
to engage in a volleyball or flag football grudge match against a rival fraternity.Are there
instances, however, when the environment in which an athlete or spectator finds himself goes beyond
what should be deemed acceptable in terms of its risk? A fan of the Dallas
Cowboys who chooses to attend a game at the home of Zapatillas Puma division rivals Philadelphia Eagles
while wearing a brand-new Tony Romo jersey may know that he will not be the
most popular guy in his section. Perhaps in part due to the unpredictable impact of
the weather and also simply due to the intensity of the sports being showcased, you
probably also have seen a few of the injuries that have taken place on the
tracks and the hills. Likewise, if you are in a seat along the third base
line and become so engrossed in a conversation that you fail to see the foul
ball that is speeding straight towards your head, you cannot bring a lawsuit against the
man who runs the sound system because he did not grab the microphone and yell,
"Look out!" You chose to place yourself in these potentially dangerous situations. If criminal charges
or a request for compensation has been made, a defendant must "affirmatively" present evidence that
a shared understanding of the potentially dangerous environment existed among everyone in attendance. On the
other hand, what if you face a career-ending blow from an opponent who does not
play by the rules of the league in which you participate? If you believe that
you have suffered in ways that extend beyond the expected assumption of risk, you should
contact an experienced sports or personal injury Tn Requin attorney who will be able to determine the
merits of your case. If you have tuned into any of the events of the
2010 Winter Olympics taking place in Vancouver, you undoubtedly have seen amazing moments of both
artistry and athleticism. However, does he assume the risk of landing in a hospital following
an altercation with five guys who thought that Michael Vick did not go far enough
in teaching those dogs a lesson? And, to put the focus back on the Olympics,
do these world-renowned competitors have the right to sue if officials did not display enough
diligence in clearing a bobsled track for safety after two straight days of sleet and
a violent collision occurs?There are likely no athletes, whether they be a professional or a
champion of the weekend battles in the backyard, who have escaped their sport of choice
without an occasional physical injury. Pain and broken bones are understood to be possible outcomes
for those who choose to contribute their skills to a football team. Bertolino is the
managing partner at Bertolino LLP with law offices located in Austin, Houston and San Antonio,
Texas. Despite all of the understandable concerns over the weather and the lack of snow
at the various sites of competition (at the same time that nearly every state in
our country had snow on the ground somewhere), the Olympic Games have pressed forward. A
member of the Trial and Appellate Litigation Team, Mr. Bertolino's practice is devoted largely to
complex transactions, commercial litigation, business law, entertainment law and family law matters. You can read
more about Mr. If you are an athlete working under a signed contract, perhaps you
have a clause that offers you financial compensation in the instance that you are injured
while playing in an environment or with equipment that does not meet professional standards. Professional
athletes operate in a high-risk, but also highly lucrative, field. In other words, once the
notice is displayed during Detroit Red Wings games to watch out for flying pucks, the
organization has met its obligation to remind spectators that they may leave the arena with
fewer teeth than when they arrived. However, there may be legitimate instances in which the
damage you sustain is not consistent with the risk you assumed. And, of course, there
was the tragic death of Georgian luger Nodar Kumaritashvili before the Games even began. Make
sure that you are protected and supported to the fullest extent of the law.Tony R.
You assumed the risk.The idea that assumption of risk is an affirmative defense means that
there is some reason to limit, excuse, or avoid criminal culpability or civil liability. Bertolino
at http://www.belolaw.com.
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