What are the legal defenses to a sports injury claim?

In California, legal defenses to a sports injury claim include assumption of risk, express or implied waiver, and comparative negligence. Assumption of risk is when the injured party knew of the risks involved with the activity and accepted them anyway. This defense generally applies to contact sports such as football, rugby, or basketball, because it is recognized that contact sports inherently involve risks of injury. Express or implied waiver is when the injured party knowingly and voluntarily accepts the risk of the activity and agrees to hold the other party or parties harmless from any resulting injury. A waiver may be express if it is in writing and signed by the parties involved or implied when the parties have such an understanding even if no written agreement exists. The defense of comparative negligence is when the injured party is partially at fault for his or her own injury. For example, if an injured party contributed to the injury by failing to follow safety instructions, this could be a defense that could reduce the amount of compensation they are liable for in a lawsuit. Overall, these defenses provide parties with a way to argue for reduced liability in cases of sports-related injuries. It is important for anyone pursuing a sports injury claim to be aware of these defenses in order to determine their legal standing.

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What are the legal defenses to a sports injury claim?

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