What are the common defenses raised in sports injury cases?

In a sports injury case in California, there are a number of defenses that can be raised. These defenses include arguments that the athlete assumed the risk, that the athlete’s own negligence was the cause of the injury, or that the injury was caused by a third party. The “assumption of risk” defense argues that the plaintiff was aware of and fully accepted the risk associated with a particular activity. If the court finds that the plaintiff did in fact assume the risk and that the defendant’s conduct was not reckless, willful, or intentional, then the plaintiff’s claim will fail. The “comparative negligence” defense argues that the athlete was partially at fault for their own injury. If the court finds the plaintiff was partly responsible for their injury, the plaintiff’s damages will be reduced based on the percentage of fault attributed to the plaintiff. The “third party defense” argues that some or all of the blame for the injury rests with a third party such as the manufacturer of the equipment, the property owner, or a third party spectator. If the court finds that a third party was also responsible for the injury, the plaintiff’s damages will be reduced. Each of these defenses must be considered on a case-by-case basis, and it is important to understand the facts and circumstances of your claim in order to determine which defense may be applicable.

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What are the common defenses raised in sports injury cases?

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