Florida residents can enjoy a number of outdoor sports in the state, due to the great weather that is present most of the time. If you or someone you know has been injured while attending a sporting event, it is important to talk to a skilled Miami injury attorney who can assess the merits of your case. We will examine the facts and give you an honest assessment of whether you have a solid claim.
Spectators at sporting events should be aware that they assume a certain amount of risk. The “assumption of risk” doctrine basically says that the injured person assumed the risk of getting injured by willfully partaking in an activity that the person knew could be hazardous. For example, individuals at a baseball game should know that foul balls and home run balls could land in the stands and hit a viewer. Similarly, golf spectators are typically aware that golfers may not always hit perfect shots that land in the fairway or in the green.
Unfortunately, injuries to spectators do take place. It is important to know that in many cases, you will be deemed to have assumed the risk of sustaining the injury. When this occurs, you may be barred from pursuing compensation for your harm.
While the law holds that spectators assume the normal risks inherent in the sport, specific situations involving abnormal circumstances may make it possible to obtain compensation for a sports injury. For example, a golf spectator may assume the risk of being hit by a golf ball but does not necessarily assume the risk of being run over or hit by a golf cart. In addition, the owner or operator of a sports facility or stadium must implement standard or generally accepted measures so that the foreseeable risk of injury does not increase.
If you believe that you or someone you know was harmed due to an injury that was out of the ordinary, you will probably be able to sue on the theory of negligence. Negligence is a failure to use ordinary care in one’s actions or omissions. Ordinary care refers to the level of care that a prudent person or business would use in the same or similar circumstances. In order to prevail on a negligence claim, the plaintiff must demonstrate the following elements: i) the plaintiff was owed a duty of care by the defendant; ii) the defendant breached the duty of care owed to the plaintiff; iii) the defendant’s breach was the direct cause of the plaintiff’s harm; and iv) the plaintiff incurred quantifiable damages.
At the Law Offices of Robert Dixon, our Miami premises liability attorneys can help you understand the law. We will scrutinize the facts of your case and give you an honest assessment of your chances of recovering damages. You can rest assured that if we take on your case, we will fight vigorously to seek the compensation you deserve for your harm. We are here to answer your questions and address your concerns. To learn more, feel free to call us at 1-877-499-HURT (4878) or contact us online today.
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Supermarket Not Liable for Slip and Fall Damages in One Florida Case, South Florida Injury Lawyer Blawg, April 12, 2016