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How to File a Sports Injury Claim
LIZA: Thank you, Rose. With summer upon us, you might be planning to take part in a number of outdoor activities to mark the season. Your calendar or a calendar of events might include rock climbing, ziplining, or water skiing, and maybe you’re part of a sports or an organized walk or run - well, whatever your itinerary, this summer it’s important to know what you can do on and off the courts if you get hurt. And here to talk about that is John Philp from Preszler Law. Good morning.
JOHN: Good morning to you.
LIZA: So this has more to do about not where you’re playing the sport, but what sport you’re playing.
JOHN: Well that’s exactly it, and if you’re injured in a sport, it really depends on the type of sport you’re playing. I - you know, there’s what’s called implied consent, so if you’re playing badminton versus hockey, there’s an expectation in hockey that there could be some violence, there some, you know, maybe a little bit of a scuffle, or a fight on the ice, versus, you know, something like badminton, where, you know, you don’t expect something like that.
LIZA: So in other words, if, like, if I’m playing hockey and someone punches me in the face and I lose a tooth, tough luck?
JOHN: Well, essentially. Because there’s an expectation in hockey that there’s going to be a little bit of a scuffle, but, you know, for example, there was a case a few years ago where a fight broke out on the ice, and one gentleman punched the other guy, and in retaliation, the guy who got punched took his stick and popped him over the head, and the gentleman who was hit in the head turned around and sued this guy. And the court found that the actions of the gentleman who hit the person on the head went beyond the normal expectation, beyond this implied consent that you would normally have in a game of hockey.
LIZA: Okay, so regardless of whether you’ve signed anything or anything like that -
JOHN: Well, you know, in most sports nowadays, be it hockey or be it, you know, if you’re going for one of these rides down the DVP for charity, you’re expected to sign what’s called a waiver. Now a waiver is essentially you signing away your right to sue someone if you’re injured in that activity.
LIZA: Mm-hmm.
JOHN: Now waivers sometimes can be enforced, but a lot of the times you can get around a waiver if you’re injured in a sport. I’ll give you an example: a few years back, there was one of these ride for the hearts down the DVP, and one of the riders was getting into the draft of a line of bicycles, and suddenly one of these bicycles just made an unexpected movement into this person’s path and this person was seriously injured as a result, and that person sued the person who made that unexpected movement. Now, this person had signed a waiver -
LIZA: Right.
JOHN: - and there was an expectation that if you sign that waiver, you can’t sue anyone who -
LIZA: Right.
JOHN: Is, is in this race. Well, the court found that because the waiver was not clear, because, uh, it was not drafted properly, that it was not applicable in those circumstances.
LIZA: All right well thank you so much, John Philp from Preszler Law, and if you have any questions about personal injury for John and his team at Preszler, visit our Facebook page at facebook.com slash morning show TO. We’re gonna take a break, we’ll be right back.
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151 Eglinton Ave W,
Toronto, ON
M4R 1A6
Toronto, ON
M4R 1A6
Tel: (416) 364-2000
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
2 County Ct Blvd #400,
Brampton, ON
L6W 3W8
Brampton, ON
L6W 3W8
Tel: (905) 488-9886
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
105 Consumers Drive
Whitby, ON
L1N 1C4
Whitby, ON
L1N 1C4
Tel: (905) 245-9973
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
92 Caplan Ave #121,
Barrie, ON
L4N 0Z7
Barrie, ON
L4N 0Z7
Tel: (705) 722-0500
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
380 Wellington St Tower B, 6th Floor,
London, ON
N6A 5B5
London, ON
N6A 5B5
Tel: 1-800-587-8423
Toll Free: 1-888-608-2111
2233 Argentia Rd Suite 302,
East Tower Mississauga, ON
L5N 6A6
East Tower Mississauga, ON
L5N 6A6
Tel: 1-800-587-8423
Toll Free: 1-888-608-2111
459 George St N,
Peterborough, ON
K9H 3R9
Peterborough, ON
K9H 3R9
Tel: (705) 743-6666
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
22 Frederick Street,
Suite 700
Kitchener, ON N2H 6M6
Suite 700
Kitchener, ON N2H 6M6
Tel: (519)741-0001
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
*consultation offices
DISCLAIMER: Please be advised that the header image and other images throughout this website may include both lawyer and non-lawyer/paralegal employees of Preszler Injury Lawyers and DPJP Professional Corporation and unrelated third parties. Our spokesperson John Fraser, or any other non-lawyer/paralegals in our marketing is not to be construed in any way as misleading to the public. Our marketing efforts are not intended to suggest qualitative superiority to other lawyers, paralegals or law firms in any way. Any questions regarding the usage of non-lawyers in our legal marketing or otherwise can be directed to our management team. Please also note that past results are not indicative of future results and that each case is unique and that case results listed on site are from experiences across Canada and are not specific to any province. Please be advised that some of the content on this website may be out of date. None of the content is intended to act as legal advice as each situation is independent and unique and requires individual legal advice from a licensed lawyer or paralegal. For legal advice on your individual situation – we can provide legal guidance after you have contacted our firm and we have established a lawyer-client relationship contractually. Maximum contingency fee charged is 33%. Finally, our usage of awards and logos for awards does not suggest qualitative superiority to other lawyers, paralegals or law firms. All awards received from third party organizations have been done so through their own reasonable evaluative process and do not include any payment for these awards except for the use of the award logos for our marketing assets. We are also proud to service additional provinces like Alberta, British Columbia and Nova Scotia.
DISCLAIMER: Please be advised that the header image and other images throughout this website may include both lawyer and non-lawyer/paralegal employees of Preszler Injury Lawyers and DPJP Professional Corporation and unrelated third parties. Our spokesperson John Fraser, or any other non-lawyer/paralegals in our marketing is not to be construed in any way as misleading to the public. Our marketing efforts are not intended to suggest qualitative superiority to other lawyers, paralegals or law firms in any way. Any questions regarding the usage of non-lawyers in our legal marketing or otherwise can be directed to our management team. Please also note that past results are not indicative of future results and that each case is unique and that case results listed on site are from experiences across Canada and are not specific to any province. Please be advised that some of the content on this website may be out of date. None of the content is intended to act as legal advice as each situation is independent and unique and requires individual legal advice from a licensed lawyer or paralegal. For legal advice on your individual situation – we can provide legal guidance after you have contacted our firm and we have established a lawyer-client relationship contractually. Maximum contingency fee charged is 33%. Finally, our usage of awards and logos for awards does not suggest qualitative superiority to other lawyers, paralegals or law firms. All awards received from third party organizations have been done so through their own reasonable evaluative process and do not include any payment for these awards except for the use of the award logos for our marketing assets. We are also proud to service additional provinces like Alberta, British Columbia and Nova Scotia.
