Recreational Accident Lawyers in Austin
Every year, people are injured or killed while participating in recreational activities. Recreational accidents can happen anywhere: at home, on vacation, or even in the community where you live. There are many recreational activities undertaken daily that often result in accidents and injuries, including:
- Sports activities
- Water parks
- Swimming pools
- Amusement parks
Proper equipment such as helmets for biking or bite guards for hockey can reduce the likelihood of an injury, but sometimes, participants are injured due to faulty or defective equipment. Sometimes, it is not the equipment at fault, but rather, the way the equipment was installed or placed.
But You Signed a Waiver
Participating in organized sports or recreational activities will often require not only proper safety equipment, but also the signing of a waiver of liability releasing the club or organization from all harm and legal liability should you get injured, or worse.
Many believe that signing a waiver prior to participating in their favorite recreational activity will preclude their ability to seek damages if they are injured. This is not always the case. In fact, even when a waiver has been signed, all recreational leagues and local organizations have a legal duty to make sure that every reasonable effort has been taken to prevent injuries to their participants.
Case in point: your son, Johnny, plays little league baseball twice a week. The games are always held at the same field and there is rarely, if ever, an injury. But this week, just as Johnny is rounding on third base, you notice that the base breaks loose and one of the spikes intended to hold the base down enters his leg and shreds his calf muscle just above the Achilles’ tendon. It is likely your son may never have full use of his calf muscle again and he may walk with a limp the rest of his life. You later find out that the base was not properly installed by the groundskeeper and several of the spikes used to hold the third base down were missing. You may have a legal claim for your son’s injuries due to the negligence of the groundskeeper when he failed to properly secure the third base – regardless of that waiver that you signed.
In general, a waiver will protect the organization or club from accidents or injuries that happen during the normal course of activity because certain risks are foreseeable and inherent within the activity itself. Being knocked down in a tackle during a football game is a foreseeable and inherent risk, as is being struck in the nose by a volleyball during play. If you were injured due to someone’s failure to secure the equipment properly, or who knowingly provided unsafe or defective equipment, then that would not be a foreseeable or inherent risk; any injuries arising from these types of situations may be compensable.
Free No Fee Consultation
If you or a family member has been injured during a recreational activity, contact the experienced Personal Injury attorneys at Zinda Law Group for a free no fee consultation. We can review your claim and help you get the compensation that you deserve. Call us today at (800) 863-5312 and let us help you.