What is the difference between a “contract” sports injury case and a “tort” sports injury case?
Contract sports injury cases involve an agreement between two or more parties that binds each party to certain obligations and responsibilities. This could be an agreement between a coach and an athlete or an agreement that contracts out services related to sporting activities. In a contract sports injury case, the athlete or the service provider must prove that the other party breached the contract by failing to fulfill their obligations as outlined in the agreement. Tort sports injury cases, on the other hand, involve the negligence of another party or person. This could be an instance of medical negligence by a doctor or a coach. Tort sports injury cases require the victim to prove that the defendant was careless or acted in a way that caused the injury; they must also show that they suffered physical injuries, and in some cases, financial losses, as a result. Unlike contract sports injury cases, in the tort sports injury case, the complainant does not need to prove breach of contract—they just need to demonstrate that the other party was negligent. In Florida, tort sports injury cases are generally decided by a jury, or in some cases, by a judge.
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