Extreme sports are recreational activities with a high level of inherent risk. Many popular extreme sports involve dangerous heights and/or speed. However, that doesn’t mean that you are always to blame for injuries.
If you were hurt while taking part in an extreme sporting event, call Staver Accident Injury Lawyers, P.C. at (312) 236-2900.
There are many types of extreme sports that can result in injury cases, including:
Participants enjoy the thrill and excitement of danger while testing their athletic limits.
These activities bring with them obvious risks of injury or death, but what about other risks like liability for product manufacturers or property owners?
Extreme recreational activities may present unique liability risks for product manufacturers. Generally, a manufacturer is liable for a plaintiff’s injuries when those injuries are caused by a defective product. A product manufacturer owes a duty if care to those impacted by the use of their product. Thus, they must produce something that is safe and effective for its intended use. A negligently made product can be dangerous in any context. A poorly constructed ladder or a blow dryer with faulty wiring could lead to serious injury or death.
Extreme sports equipment, however, by nature of its intended use, has more opportunities to be associated with injury or death than most household products. Manufacturers “are not liable for unavoidable accidents, or those caused by the nature of the product itself.” This means that someone who is seriously injured while using a parachute will not have a claim against its manufacturer just because they were injured while using a parachute.
A manufacturer only faces liability when a defect in the product caused the injury. The additional responsibility on the sellers, manufacturers, and designers of extreme sports equipment to make non defective products is due to the additional risk of any possible defect. For example, a defective chair may lead to bruises or a broken bone, but a defective parachute could easily lead to death. Those who deal in extreme sports equipment must factor in the grave danger associated with negligent product construction.
Property owners who allow extreme activities like base jumping should also be mindful of premises liability issues. In general, venues for extreme and other recreational activities are often protected from liability by an “assumption of risk” defense. For example, when someone chooses to sky dive they are taking the risk of participating in a dangerous activity. Additionally, a company that takes clients on sky diving trips likely has every participant sign a waiver of liability, which is an explicit assumption of risk mechanism.
A relatively new extreme sport involves jumping on trampolines at indoor parks and facilities. These venues can be extremely dangerous and rarely comply with all necessary safety measures. In fact, there is little oversight regarding the safety of these locations. If you are injured at a trampoline park, they may be liable for your injuries. You should call an attorney to evaluate your situation right away.
If you have been injured due to the product liability or premises liability fault of another, call the Chicago personal injury lawyers at (312) 236-2900 for a free consultation.
Staver Accident Injury Lawyers, P.C. can help you manage the paperwork, insurance adjusters, and defense attorneys so you can focus on your health and getting the appropriate treatment. Please call us today for a free legal consultation with one of our personal injury lawyers.
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