What are the common defenses raised in sports injury cases?

In Florida, the common defenses raised in sports injury cases vary depending on the specific facts of the case, but generally include assumption of risk, contributory negligence, primary assumption of risk, and waiver of liability. Assumption of risk is the defense that the plaintiff (the injured person) assumed the risk of injury when they voluntarily participated in the sport. The plaintiff must have knowledge of the risks of the activity in order to claim this defense. Contributory negligence is essentially a variation of the assumption of risk defense. It is the defense that the plaintiff was partially at fault for his or her own injury due to their own negligence in engaging in the sport. Primary assumption of risk is another version of the assumption of risk defense and states that the risk of injury inherent in the sport itself was assumed by the plaintiff when they entered the activity. Finally, waiver of liability is the defense that the plaintiff is considered to have waived their right to file a lawsuit by signing a waiver before engaging in the sport. This waiver must be clear and unambiguous in order to be effective. Overall, when it comes to sports injury cases in Florida, the common defenses include assumption of risk, contributory negligence, primary assumption of risk, and waiver of liability. It is important to speak to an experienced attorney about the specific facts of your case to gain a better understanding of which defenses you may be up against.

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What are the common defenses raised in sports injury cases?

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