What is “consent” and when is it relevant in a sports injury case?
Consent is an agreement between two parties, available in both verbal and written forms. In a sports injury case, consent is relevant when an activity or treatment a player has agreed to could result in an unintentional injury. For example, a player could sign a consent form for a coach to administer a certain exercise, such as a weight machine. The consent form would note that the exercise carries a risk of injury. The player has impliedly consented to the risk of injury if they were to sign the form and proceed with the exercise. Another scenario involves a medical professional providing medical treatment to a player. In this case, the doctor would likely require that the player sign a written consent form, stating that they have agreed to the treatment and are aware of the risks. This ensures that the player cannot later claim that they were unaware of the potential risks and were not warned in advance. Consent is also relevant in cases of intentional injuries, such as when a player is struck by an opposing player during a game. Each player must consent to the risks of the game, such as the possibility of accidental contact. If the contact was intentional and beyond the scope of the game, consent is irrelevant. In a sports injury case, consent is an important factor for determining liability. It is important for players to be aware of the risks associated with any activity, and obtain the proper consent if required.
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