I was injured playing a recreation sport. I was injured when a player on the opposing team snapped and slammed his stick into my eye. It was not an injury that would be considered a normal part of the accepted risk in participating in this activity. It was blatant cheap shot to an unsuspecting victim and witnessed by many. It resulted in an ER visit, a swollen black eye and 6 sticthes. My question is that since this was a result of an action well "outside the boundries" of the assumed risk I took in participating in this activity- can I sue/take legal action to recover the expenses I will incur from my ER visit?
1 Answer from Attorneys
Chances are that you signed a release to play the sport. If the injury was not forseeable to the organization, it is unlikely that they could be effectively sued. You could sue the individual. However, you wouldf have to demonstrate that they deviated from the proper standard of care and you would have to show that the action resulted in an injury where damages can be quantifiable. Even if you prevail, unless the person has significant assets, recovery may be difficult if there is no insurance to cover the injury.
Certainly, you could seekk a recovery for out of pocket medical costs. If that amount is under $7500, it is an action that can be filed in Conciliation Court.
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