If a person sustains injury or dies whilst participating in a sporting or recreational activity, the primary question for consideration is whether they have voluntarily accepted the risk by engaging in this activity.
A claim may be difficult if injury or death has arisen from conduct that is expected to occur in the course of the sport or recreational activity. It is for this reason that many operators and sports organisations require participants to sign a document in which they acknowledge and expressly accept the risk of injury and seeks to waive any liability of the operator or sports organisation should injury or death occur.
Some of issues to be considered where a claim is made following a sports injury or death includes:
- What caused the injuries or death?
- Was the event causing the injury or death within the rules of the sport or recreational activity?
- Could the event have been foreseen?
- Has the injured or deceased participant voluntarily accepted the risks arising from the sport or recreational activity? This may include a consideration of any disclaimer signed by the participant prior to the event.
- Who is liable for the injuries or death?
- What loss has arisen from the injuries or death?
If you have sustained a sports injury or if a family member has died in the course of a sport or recreational activity, we recommend that you contact our office and arrange an appointment to see one of our Personal Injury & Compensation Solicitors in our Sydney office. By appointment, we can also arrange a time for you to see one of our lawyers at a branch office. For a complete listing please see our "Locations" tab.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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