With strenuous activity comes the risk of injury. Businesses and organizations that provide sports and recreation opportunities typically compel their clients to fill out a liability waiver when you sign up for their services. This is a common method used by businesses to get people to relinquish their right to a personal injury lawsuit if they are injured.

Although sports and recreation activity liability waivers are meant to shield defendants against liability for their negligent actions, there are legal defenses that can be used to invalidate liability waivers. An experienced personal injury attorney knows how to help you get compensation for injuries sustained by you or a loved one.

What Is a Liability Waiver?

A liability waiver absolves the other party against claims of reasonable negligence for any injuries that may result from engaging in certain types of risky activities. When you sign the waiver, you are taking on the assumption of risk. That means you are voluntarily and reasonably exposing yourself to injury or damage with knowledge and appreciation of the risks involved.

When your kid joins a sports team or when you register for a horseback riding lesson, you will invariably be asked to sign a waiver as part of the process. You may not have even noticed it, but every time you buy a lift ticket to go skiing, you are agreeing to the conditions of the waiver that’s printed on the back of the ticket.

In Colorado, the courts and the state legislature have created legal hurdles to make it more difficult for people to receive monetary compensation for a sports injury. This even includes cases where children are injured due to another person’s negligence.

Activities That Require a Waiver

Activities where you almost certainly be asked to sign a waiver include:

• Skiing
• Sports leagues
• Snowmobile, jet ski, and ATV rentals or rides
• Bicycle, e-bike, and scooter rentals
• Guided hiking and rock climbing
• Skydiving and bungee jumping
• Extreme sports rentals
• River rafting tours
• Horseback riding
• Water skiing

Two Court Cases Make It Harder to Seek Damages

In two court cases, the superior court has upheld the right of businesses and organizations to use liability waivers to transfer the assumption of risk to their clients as long as the waiver-signing process was voluntary and informed.

In the case of Brigance v. Vail Summit Resorts, the U.S. Court found that a plaintiff who was injured at ski school could not seek damages because the lift ticket’s exculpatory language on the back and the waiver signed for ski school prevented her claim.

In Dullaer v Xanterra Parks & Resorts, the family of a person who was killed in a guided horseback ride sued the horseback outfitter. But the court ruled that the death resulted from risks that are automatically associated with the activity, stating that “any person who takes part in any sport or recreational opportunity assumes the inherent risks in that sport or recreational opportunity.”

You Can Seek Damages Even If You Signed a Waiver

Even though the law favors business owners and organizations in many instances, there are two circumstances where people who provide sports and recreational activities will not be protected by a waiver.

1. When they violated the law
2. When they unreasonably increased the risks to the injured party by using gross negligence, recklessness, or intentional actions

There are also cases where your personal injury lawyer may be able to invalidate a liability waiver. These include:

• Failure to include or spell out risks
• Fraudulent claims
• Unclear or hidden language
• Product liability issues

Have You or a Loved One Been Injured?

If you or your child was hurt during a sporting or recreational activity, you may be able to seek compensation to cover the cost of your medical care and other expenses. Call (719) 475-2555 today to schedule your FREE consultation with The Bussey Law Firm, P.C. We’re here to help.

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A group of former NFL players are appealing the league’s $1 billion plan to address concussion-related injuries. The reason the former players are appealing the NFL’s plan is because it doesn’t include future payments for the brain disease chronic traumatic encephalopathy (CTE).

CTE has been found in the brains of many deceased contact sports athletes and has been linked to Alzheimer’s disease, Parkinson’s disease, Lou Gehrig’s disease, dementia, and depression. The NFL didn’t include CET in the plan because it says the science behind the disease is in its early stages and can’t be diagnosed in the living.

If you or a family member has suffered a brain injury playing sports, at work, or in an accident, you need to consult an experienced personal injury attorney. The Bussey Law Firm, P.C. has represented many Colorado Springs personal injury victims. We’ve secured injury victims and their families significant damages.

Call us today, at (719) 475-2555 for a free consultation.

The post Former Players Appeal NFL’s $1 Billion Concussion Plan appeared first on Colorado Springs Attorneys.

Recently, a group of former NFL players announced they’re appealing the league’s $1 billion plan to address concussion-related injuries.

The former players claim the NFL’s plan doesn’t include future payments for chronic traumatic encephalopathy (CTE). CTE has been found in the brains of many deceased football players. It has been linked to Alzheimer’s disease, Parkinson’s disease, Lou Gehrig’s disease, dementia, and depression. The NFL didn’t include CET in the plan because it says the science behind the disease is in its early stages and can only be diagnosed in people who’ve died.

If you or a family member has suffered a brain injury, whether playing sports, at work, or in an accident, you need to consult an experienced personal injury attorney. The Bussey Law Firm, P.C. has represented thousands of Colorado personal injury victims. We’ve won them and their families significant damages.

Call us today at (719) 475-2555 for a free consultation. We can get you the settlement you deserve.

The post Former Players Appeal NFL’s $1 Billion Concussion Plan appeared first on Colorado Springs Attorneys.

The study surveyed 9,288 students in grades 7 through 12 who had suffered brain injuries, usually while participating in sports.  The results showed that girls were more likely to report lingering problems like anxiety and depression, thoughts of suicide, becoming the targets of bullying, and turning to cigarettes or other substances to deal with their symptoms.  Meanwhile, boys were more likely to report “acting out” at school and other events, bullying others, and letting their grades drop.

The study also found that 20 percent of the teens who had suffered concussions had lost consciousness during the event or had required hospitalization.  Boys were six percent more likely than girls to suffer concussions, but the gap appears to be closing, as girls participate in sports like soccer, basketball, and cheer -leading in higher numbers.

While researchers noted that there seemed to be a clear difference in symptoms between the two groups, they also cautioned that more research is needed to understand why the differences happen and how to treat them effectively.  However, parents, coaches, and teachers who work with girls would be wise to keep these symptoms in mind and to watch for them in girls suspected of having suffered a concussion or other traumatic brain injury.  The sooner a TBI is diagnosed, the sooner steps can be taken to speed healing and minimize long-term damage.

If you or someone you love has suffered a traumatic brain injury in an accident, don’t wait: contact an experienced Colorado injury attorney to learn more about your legal rights and options.

The post Study Finds Girls’ Symptoms After Concussion May Differ From Boys appeared first on Colorado Springs Attorneys.