| If you have tuned into any of the events of the 2010 | | | | obligation to remind spectators that they may leave |
| Winter Olympics taking place in Vancouver, you | | | | the arena with fewer teeth than when they arrived. If |
| undoubtedly have seen amazing moments of both | | | | you visit the website for campus recreation at Texas |
| artistry and athleticism. Despite all of the | | | | A & M University, you quickly will spot the consent |
| understandable concerns over the weather and the | | | | form that all participants must sign before being |
| lack of snow at the various sites of competition (at the | | | | allowed to engage in a volleyball or flag football grudge |
| same time that nearly every state in our country had | | | | match against a rival fraternity. |
| snow on the ground somewhere), the Olympic Games | | | | Are there instances, however, when the environment |
| have pressed forward. Perhaps in part due to the | | | | in which an athlete or spectator finds himself goes |
| unpredictable impact of the weather and also simply | | | | beyond what should be deemed acceptable in terms |
| due to the intensity of the sports being showcased, | | | | of its risk? A fan of the Dallas Cowboys who |
| you probably also have seen a few of the injuries that | | | | chooses to attend a game at the home of division |
| have taken place on the tracks and the hills. And, of | | | | rivals Philadelphia Eagles while wearing a brand-new |
| course, there was the tragic death of Georgian luger | | | | Tony Romo jersey may know that he will not be the |
| Nodar Kumaritashvili before the Games even began. | | | | most popular guy in his section. However, does he |
| These frightening instances bring up questions | | | | assume the risk of landing in a hospital following an |
| regarding the assumption of risk that both athletes and | | | | altercation with five guys who thought that Michael |
| observers take when choosing to be a part of a | | | | Vick did not go far enough in teaching those dogs a |
| sporting event. | | | | lesson? And, to put the focus back on the Olympics, |
| The legal definition for “assumption of risk” isan | | | | do these world-renowned competitors have the right |
| affirmative defense that the plaintiff cannot receive | | | | to sue if officials did not display enough diligence in |
| compensation for injuries from the defendant because | | | | clearing a bobsled track for safety after two straight |
| the plaintiff freely and knowingly assumed the risk of | | | | days of sleet and a violent collision occurs? |
| injury and relieved the defendant of the obligation to | | | | There are likely no athletes, whether they be a |
| act with reasonable care. | | | | professional or a champion of the weekend battles in |
| When a college quarterback in Texas takes to the | | | | the backyard, who have escaped their sport of choice |
| field on a Saturday night, he cannot sue the linebacker | | | | without an occasional physical injury. Do not expect |
| on Monday morning if he is sacked too many times | | | | to engage your body in voluntarily, aggressive contact |
| and sustains serious injuries. Pain and broken bones | | | | with another human or an intimate object in some way |
| are understood to be possible outcomes for those | | | | propelled by human strength and leave the experience |
| who choose to contribute their skills to a football | | | | without any wear on your body. However, there |
| team. Likewise, if you are in a seat along the third | | | | may be legitimate instances in which the damage you |
| base line and become so engrossed in a conversation | | | | sustain is not consistent with the risk you assumed. If |
| that you fail to see the foul ball that is speeding straight | | | | you are an athlete working under a signed contract, |
| towards your head, you cannot bring a lawsuit against | | | | perhaps you have a clause that offers you financial |
| the man who runs the sound system because he did | | | | compensation in the instance that you are injured while |
| not grab the microphone and yell, “Look out!” | | | | playing in an environment or with equipment that does |
| You chose to place yourself in these potentially | | | | not meet professional standards. On the other hand, |
| dangerous situations. You assumed the risk. | | | | what if you face a career-ending blow from an |
| The idea that assumption of risk is an affirmative | | | | opponent who does not play by the rules of the |
| defense means that there is some reason to limit, | | | | league in which you participate? If you believe that |
| excuse, or avoid criminal culpability or civil liability. If | | | | you have suffered in ways that extend beyond the |
| criminal charges or a request for compensation has | | | | expected assumption of risk, you should contact an |
| been made, a defendant must “affirmatively” | | | | experienced sports or personal injury attorney who will |
| present evidence that a shared understanding of the | | | | be able to determine the merits of your case. |
| potentially dangerous environment existed among | | | | Professional athletes operate in a high-risk, but also |
| everyone in attendance. In other words, once the | | | | highly lucrative, field. Make sure that you are |
| notice is displayed during Detroit Red Wings games to | | | | protected and supported to the fullest extent of the |
| watch out for flying pucks, the organization has met its | | | | law. |
