Have you been injured while participating in a high-risk activity like rock climbing, bungee jumping, or playing a contact sport? Here’s what you need to know about pursuing compensation—including certain key legal concepts that could apply to your case.
Common Examples of High-Risk Recreational Activities
Here are some examples of popular recreational activities that have a higher-than-usual risk of injury:
- Rock climbing
- Trail riding (ATV, motorbike, cross-country bicycle)
- Mountain biking
- Skydiving
- Bungee jumping
- Skiing/snowboarding
- Skateboarding
- Rollerblading
- Hunting
- Contact sports, such as football, hockey, soccer, or lacrosse
- Track driving or motocross
- Mountain hiking/climbing
Types of Personal Injury Claims Arising from High-Risk Recreation
Someone who suffers injuries while participating in a high-injury-risk recreational activity may have grounds to pursue a personal injury claim based on the following legal concepts.
Negligence Claims
Negligence is the failure to behave with a reasonable level of care given the circumstances. A recreational activity participant may have a negligence claim against the individuals or organizations responsible for supervising the activity, including:
- Businesses organizing events
- Sports leagues
- Coaches
- Referees and other rules officials
- Safety officials
An injured participant might pursue a negligence claim against a fellow participant whose negligent actions cause an accident, such as a fellow participant who intentionally disregards rules of play or safety regulations.
Product Liability Claims
An injured recreational activity participant might have a personal injury claim against a company that manufactured defective equipment used in the activity. For example, a mountain biker hurt in a crash due to a brake, wheel, or frame failure may have a claim against their bike’s manufacturer.
Premises Liability Claims
An injured party may also have claims against the owners or operators of the facilities where the recreational activity took place if they allowed a hazardous condition to develop on their premises. For example, a skier may have a claim against a ski resort if they crash because trails were not properly marked. However, many states have laws that limit the liability of property owners who allow others to use their premises for recreation without compensation, such as a landowner who allows hunting or trail riding on their property.
Legal Considerations in High-Risk Recreation Personal Injury Claims
High-risk activities involve certain legal considerations that can complicate a personal injury claim. These include the following:
- Assumption of the risk: The assumption of risk doctrine limits a defendant’s liability for a plaintiff’s injuries under circumstances where the plaintiff knew or should have known that an activity carried an inherent risk of injury and chose to participate regardless.
- Liability waivers: Many organizers of high-risk recreational activities require participants to sign liability waivers. These waivers inform participants of the activity’s inherent risks and require them to waive any injury claims that may arise due to the activity. While courts may enforce liability waivers for negligence claims arising from disclosed or inherent and apparent risks, they may decline to enforce waivers in cases involving claims of recklessness or intentional wrongs by a defendant.
- Comparative negligence: An injured recreational participant’s negligence can affect their financial recovery in a personal injury claim. Under the comparative negligence rules used by many states, including New Mexico, any fault a plaintiff bears for causing their injuries can proportionally reduce their personal injury compensation.
Contact a Personal Injury Attorney from Hunt Law Firm Today
Have you been hurt while participating in a high-risk recreational activity? If so, you could be owed compensation for the following:
- Medical expenses
- Damaged personal property
- Lost income from time missed at work
- Physical pain and emotional suffering
- Diminished quality of life from long-term disability
Unfortunately, getting this compensation could be a complex process. Don’t make the mistake of handling your own case. Instead, turn to an experienced personal injury lawyer with Hunt Law Firm for help. Contact us now and tell us what happened during a free, no-obligation consultation