Sport Injury Lawyer - Accident Compensation
Canada is a country with a long history of practicing some of the most dangerous physical sports in the world. Every year thousands of sportsmen suffer avoidable physical injury caused by negligent acts or the deliberate aggressive behavior of others. Organized sport whether it be professional trainers, sports facilities, leagues or teams are usually insured to cover the risk of negligent injury to an innocent participant. A sport injury lawyer will advise you on the likelihood of a successful compensation claim and if negotiations for a settlement fail will file proceedings for damages in a court of law. Most sporting injury falls into several main categories which include :-
- reckless or deliberate unlawful and in some cases illegal behavior including the so called disgraceful 'professional foul'
- a formal trainer exposing his pupil to unnecessary risk by either inadequate instruction or by pushing the pupil beyond the bounds of capability
- violent assault during training or on the pitch in a match which is both unlawful and illegal and can result in civil proceeding for compensation and criminal conviction
- inadequate refereeing resulting in loss of control of a high-risk aspect of the sport
- Inadequate playing surfaces or dangerous equipment may make the occupier of the property or land liable in negligence to pay compensation for any injury
Sport Injury Negligence Law
The law of negligence has been developing for almost a century when a legal case established the principle of 'duty of care' however there were previous cases that were settled using the same reasoning. The age-old definition is as follows :-
"Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do."
Most jurisdictions including Canada require 4 elements to establish the right to claim compensation for negligence as follows: -
- the defendant must owe the claimant a duty of care
- the defendant must have breached that duty by act or omission
- the claimant must have suffered loss directly because of the breach
- the injury sustained must be a reasonably foreseeable consequence of the negligent behavior
The general principles of the law of negligence have continued to develop and more recently a threefold test was outlined in litigation whereby harm must be (1) reasonably foreseeable (2) there must be a relationship of proximity between the plaintiff and defendant and (3) it must be 'fair, just and reasonable' to impose liability.
Sport Injury Lawyer
If you would like to talk to an experience sport injury lawyer without obligation then just call the helpline or email our offices or complete and send the contact form and an accident lawyer who deals exclusively in personal injury claims will phone you with advice at no cost and information on how best to preserve your legal rights to compensation for your injuries.