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Football Season and Personal Injury Claims

Posted on in Personal Injury

California injury attorney, California accident lawyerFootball season will soon be upon us and that also means the risks of lots of injuries. Whether you are a mighty mini or a seasoned NFL star, the potential for damage is there, regardless of the sporting activity. Many coaches and agents do their due diligence by having a waiver ready in-hand. However, when it comes to personal injury, what does that paper cover and what if you did not sign one? Who is really at fault?

More Than Just a Bump or Bruise

With any sport comes the potential to sustain an injury. If you trip over your own two feet, landing on your arm resulting in a fracture, it is likely your fault. However, if someone else behaved maliciously or recklessly resulting in your tripping over your feet, then they potentially are at the blame. For you claim to hold water, you must be able to prove:

  • The incident occurred within the statute of limitations,
  • The person at fault owed a duty to your safety and was negligent, or
  • The other player acted recklessly or intentionally caused harm.

Is the Liability Waiver Worth Anything?

It is likely to join the sport in which you or your loved one sustained injuries that you signed a liability waiver. Most individuals do not keep that on hand. However, the facility probably does. Without this documentation, it would not matter if you signed and they would have no proof. If it is available, it is likely that they included incredibly intimidating legal terminology. Typically, this includes general safety guidelines. However, upon further investigation, they do not hold up in court if:

  • There is proof of negligence to safety,
  • Outrageous conduct occurred,
  • If the wording does not stand up to state legislature,
  • Font must be large enough to read,
  • Must be such that the everyday person can understand, and
  • Not a group signature.

Upon injury to you or your loved one, you immediately face the medical care for recovery. After the initial emergency is over, the medical bills start rolling in. You should not be responsible for the reckless or negligent behavior of someone else. Your coach and your facility owed you a duty for safety during your games and practices. Likewise, your teammates agreed to sportsmanlike conduct. If you feel that those at fault should be responsible for the medical bill, and would like to speak to an experienced San Jose, CA personal injury attorney, contact Jachimowicz Law Group, Attorneys at Law, Inc. today at 408-246-5500 to schedule your free case evaluation.

 

Sources:

http://www.courts.ca.gov/9618.htm

https://www.dir.ca.gov/DWC/educonf21/AB1309/AB1309.pdf

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