What is the difference between a “contract” sports injury case and a “tort” sports injury case?

In Hawaii, the main difference between a “contract” sports injury case and a “tort” sports injury case is how the legal claim is established. In a contract injury sports case, the legal basis for the claim is a breach of contract between the athlete and the team or organization. This means that the athlete or team must have a contract in place which outlines the responsibilities of both parties and then one of the parties failed to fulfill those obligations. On the other hand, in a tort injury sports case, the legal basis for the claim is based on a negligent act or omission by the defendant which caused the athlete harm. The athlete does not need to have any contractual agreement with the defendant in order to pursue a claim under tort law. Examples of contract claims might be a breach of a sponsorship agreement between the athlete and the sponsor. An athlete may have been promised a certain amount of money in return for promotional activities, and then the sponsor fails to make the promised payments. On the other hand, an example of a tort claim could be a coach failing to provide proper medical treatment for an athlete leading to an injury or worsening of an existing injury. In order to pursue either a contract or tort claim for a sports injury in Hawaii, an injured athlete must file a claim and provide sufficient evidence to support the claim. In both cases, the burden of proof is on the athlete to prove their claim and damages to the court.

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What is the difference between a “contract” sports injury case and a “tort” sports injury case?

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