What are the common defenses raised in sports injury cases?

Common defenses raised in sports injury cases in North Carolina vary depending on the specific facts of the case, but almost all are rooted in the concept of “assumption of risk.” In other words, a defendant can argue that the injured person knew the risks of the activity and voluntarily assumed them, despite any negligent action by the defendant. This is a common defense in cases involving contact sports, where it is argued that a participant is aware of the inherent risks of playing the sport, such as the potential for injury due to contact. Another defense raised in sports injury cases is the contributory negligence of the injured person. This defense argues that the injured person’s own negligence or actions contributed to the injury, and would lead to a diminished award or outright dismissal of the case. This is often raised in cases involving unsafe equipment, such as inadequate helmets or protective gear. If the person is found to have assumed some of the risk due to their own actions, the defendant will only be liable for a share of the injury. In some cases, the statute of limitations may also be used as a defense. This refers to the time limit that an injured person has to make a claim. The time limit varies from state to state, but in North Carolina, a person generally has three years from the date of the injury to file a claim. If the claim is not filed within that time period, the claim may be barred and the defendant will not be held liable.

What are the common defenses raised in sports injury cases?

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