What is the “economic loss rule” in sports injury cases?
The economic loss rule states that in cases involving a person’s sports injuries, any compensation a person can receive is limited to the economic losses suffered as a result of the injury, and not their physical or emotional damages. This rule is followed in many states, including Florida. In Florida, an injured person can only recover economic damages, such as past medical bills, lost wages, future medical bills, lost earning capacity, and any out-of-pocket expenses incurred as a result of the injury. Pain and suffering, mental anguish, emotional distress, or any other type of non-economic damages are not recoverable under the economic loss rule. Similarly, any claims for punitive damages, which are damages above and beyond what is necessary to compensate the injured person, are not allowed under the economic loss rule. Punitive damages are generally awarded when a party has acted in a particularly egregious manner, and can be used to deter future behavior, but are not applicable to sports injury cases. The economic loss rule applies in Florida when a person is injured in sports activities, whether by another participant or by the facility they are using. This rule ensures that an injured person is only able to recover what they have truly lost as a result of the injury, and that no one is able to take advantage of a situation for monetary gain.
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