Sporting and recreational activities sometimes naturally expose us to some level of risk and danger. However, when you agree to participate in such activities it is unreasonable to state that you have consented to all risks of injury and failings.
It is very common for attempts to be made to exclude altogether or limit liability for injuries sustained by participants in sporting or recreational activities through the use of exclusion clauses in documents, waivers, disclaimers and the like.
If you have suffered injury in these circumstances, it is also common for lawyers for the party you are attempting to claim damages against (and its insurer) to raise a defence to your claim known as voluntary assumption of risk. That is, you had fully, freely and voluntarily consented to the risk of injury and damage occurring by engaging in the activity. Each case is different and requires a careful analysis of all of the evidence, save to say that participating in a potentially dangerous activity does not mean that you voluntarily assume the risk of all acts of negligence and consequent harm occurring.
Our team of experts will advise you on the likelihood of proving negligence and arguing against any potential defences raised by the other party, so that you can make an informed decision about whether to proceed with your claim
The law surrounding public liability claims and your entitlements is complex and there are strict time limits that apply. It is important that you get appropriate legal advice from the outset to ensure that your rights are protected.
We can help you navigate the legal requirements, maximise your entitlements and make the decisions that are right for your future.
If you have a query, please do not hesitate to contact our expert Public Liability Team for a no obligation chat.