Suing a business or other party after you are injured while completing a hobby or recreational activity can be a complex process, as Newport Beach personal injury attorneys can explain. While sporting goods manufacturers, schools, resorts and gyms have the duty to provide safe equipment for you to use while pursuing a hobby and to take reasonable precautions to ensure your safety, Newport Beach personal injury attorneys can explain that recovering from these entities can be more difficult than recovering from a person who caused a motor vehicle accident or other type of accident. In particular, Newport Beach personal injury attorneys may discuss the following topics with you.
Waivers or Assumption of Risk
Newport Beach personal injury lawyers can explain that participating in certain hobbies often entails signing a contract. The contract may include an express waiver of your right to sue the gym or other company. Newport Beach personal injury attorneys can also explain that other contracts may include provisions that state that you have assumed the risk of using the equipment or items related to the hobby. Newport Beach personal injury attorneys can explain that this type of language may bar you from being able to sue the company if you subsequently suffer an injury.
Schools and other educational organizations may have limited liability. Newport Beach personal injury lawyers can explain that these types of entities may not be found to be responsible for accidents that occur if protective equipment does not adequately protect students from injury as long as they properly supervised the events and activities and provided knowledgeable instruction to individuals who were participating in these activities. Another potential issue is whether the school may be able to assert governmental immunity that would prohibit a private party from bringing a lawsuit against the entity.
Your Own Negligence
Certain recreational companies may attempt to blame you for acting in a careless manner such as theme parks and other large establishments. This litigation strategy may be utilized by certain companies to help deter frequent lawsuits against them. If you do sue an entity of this nature, you can expect your settlement to be confidential so that the settlement figure is not made public.
Certain entities may be required to post warning signs that adequately warn visitors of the potential risks associated with activities. For example, you may see such a warning when you rent ski equipment, canoes, kayaks or horseback riding helmets. If weather conditions or other conditions affect the safety of the activity, this information should be made clear to participants.
If you would like to learn whether you may be able to recover for the injury you suffered, contact Russell & Lazarus APC by calling 949-851-0222.