Assumption of Risk in Light of America’s Pastime
March 31, 2014 is opening day for the Detroit Tigers! Since many Michiganders will be hitting their own fields to play baseball, we wanted to talk about the assumption of risk doctrine as a defense to certain civil law claims.
First, let’s define the assumption of the risk doctrine: Participants in sporting activities are assumed to be aware of hazards inherent in the playing of the game and to have consented to the risk of injury inherent in the contest, other than breaches of contest rules designed to protect safety of the players as opposed to integrity of the contest.
When you’re playing baseball, you’re aware there are certain dangerous attributes to the game that can’t be eliminated: the ball can be unpredictable, the bat can potentially break, you might get run into by a player running the bases. These are just characteristics of the game. If you’re injured in normal game play, you’ve likely assumed the risk of that injury.
However, you only assume a certain amount of risk that’s inherent in the game itself. A player throwing a bat out of anger from being struck out is not the same as a bat breaking and hitting you. You don’t consent to fights and activities that aren’t part of the game you’re playing.
Goodwin & Scieszka is here for you when you haven’t assumed the risk and you’ve been injured. Our Southfield, Michigan firm can help you recover the compensation you deserve for your personal injury.
If you or a loved one is one of the many people affected by a personal injury accident in Michigan don’t attempt to fight alone, because you’re not alone. Our Michigan attorneys are here to help in cases ranging from slip and fall accidents to dog bite claims, and we can guide you through the complex judicial process for you and your loved ones as well as help you with what to expect in a settlement and what to expect in a trial. Remember, our lawyers fight for you and Your Rights.