Participation in amateur sports, either directly as players or indirectly as spectators, is a big part of the Canadian culture. Amateur sports, especially those requiring a higher degree of physical contact, increase the risk of personal injury, which raises questions of legal liability in sports-related injuries.
In most cases, injuries suffered while participating in sports are a voluntarily accepted risk, because players agree to assume the possibility of sustaining an injury inherent to usual play when they willingly agree to participate in the activity. For example, suffering sprains, scratches or bruises while playing contact sports such as basketball and hockey are necessary and assumed risks of sport, for which bringing a successful personal injury claim would be difficult.
Intentional acts of harm, even when provoked, do not fall within the scope of a voluntarily accepted risk.[1]
The usual remedy is an award of damages for pain and suffering, health care, medical expenses and for lost wages. The Court may reduce the award of damages when the plaintiff is found to be partially responsible for their own injury. [2]
Additionally, if a player’s injury was caused or contributed by defective sports equipment, they may be able to bring a product liability lawsuit against the manufacturer.
If you or your loved ones have suffered from a sports-related injury, call the team at Jasmine Daya & Co. at 416-967-9100 or contact us online to schedule a free consultation.
[1] Agar v. Canning (1965), 54 W.W.R. 302 (Man. Q.B.); affd. (1966), 55 W.W.R. 384 (Man. C.A.).
[2] P. H. Osborne, The Law of Torts, 4th ed. (Toronto: Irwin Law, 2011) at p. 109.
