Recreational injuries can happen, and some can be devastating to a person’s ability to thrive. Depending on the situation, you may be eligible for compensation. It all depends on what caused your accident.
Acceptance of Risk During Recreational Activities
The primary factor that determines your eligibility for compensation is the acceptance of risk. The Civil Liability Act 2003 states that there is no liability for injuries that are the result of an activity where risk is common knowledge, even if the risk is low.
For example, a football player knows that there is an obvious risk that he may be injured after being tackled. It would be very difficult for the player to win a compensation claim in this instance because he was aware that he was putting himself in danger by playing.
Just because you were hurt while engaging in a recreational activity doesn’t automatically make you ineligible for compensation. There are some instances where you may have a case for payment after an injury.
When Am I Eligible for Compensation for a Recreational Injury?
You may be able to win your compensation claim if you can prove that the injury occurred due to another person or group’s negligence. For example, if you were using equipment that was faulty, damaged, or otherwise unsafe for its intended purpose, you may have a case.
You can also receive compensation if it is proven that another person’s careless or deliberate actions caused your injury. An umpire or referee who fails to ensure the reasonable safety of players could be subject to a lawsuit.
Spectators also have some protection if they are hurt as a result of the venue. The venue’s occupier has a duty of care to ensure that there are no hazards or dangerous conditions present.
What Should I Do Now?
If you have suffered a recreational injury, contact us. We can discuss your situation and help you decide if you have a case for compensation.