Sports Injury Claims | Preszler Law Toronto Injury Lawyer

In this video, John Philp from Preszler Injury Lawyers discusses the implications of injuries sustained during sports activities. He explains the concept of implied consent, which varies depending on the sport, such as hockey versus badminton. Philp highlights that while waivers are often signed to relinquish the right to sue, they may not always be enforceable, especially if they are not clearly drafted. He provides examples of legal cases to illustrate how courts assess injuries in the context of sports and waivers. For further inquiries about personal injury law, viewers are encouraged to reach out to Preszler Injury Lawyers or visit their Facebook page.

Thank you, Ross. With summer upon us, you might be planning to take part in a number of outdoor activities to mark the season. Your calendar of events might include rock climbing, ziplining, or water skiing. Perhaps you are part of a sports league or an organized walk or run. Whatever your itinerary includes this summer, it’s important to know what you can do on and off the courts if you get hurt. Here to talk about that is John Philp from Preszler Injury Lawyers. Good morning.

Good morning to you. So, this has more to do with not where you’re playing the sport, but what sport you’re playing.

Well, that’s exactly it. If you’re injured in a sport, it really depends on the type of sport you’re playing. There’s what’s called implied consent. For example, if you’re playing badminton versus hockey, there’s an expectation in hockey that there could be some violence; there could be a little bit of a scuffle or a fight on the ice, versus something like badminton, where you don’t expect something like that.

In other words, if I’m playing hockey and someone punches me in the face and I lose a tooth, tough luck?

Well, essentially, because there’s an expectation in hockey that there’s going to be a little bit of a scuffle. However, there was a case a few years ago where a fight broke out on the ice. One gentleman punched another guy, and in retaliation, the guy who got punched took his stick and hit him over the head. The gentleman who was hit in the head turned around and sued this guy. 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.

Okay, so regardless of whether you’ve signed anything or not?

Well, you know, in most sports nowadays, be it hockey or if you’re going for one of these rides down the DVP for charity, you’re expected to sign what’s called a waiver. A waiver is essentially you signing away your right to sue someone if you’re injured in that activity. Now, waivers can sometimes be enforced, but a lot of the time, 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 rides for charity down the DVP, and one of the riders was getting into the draft of a line of bicycles. Suddenly, one of these bicycles made an unexpected movement into this person’s path, and this person was seriously injured as a result. That person sued the individual who made that unexpected movement. Now, this person had signed a waiver, and there was an expectation that if you sign that waiver, you can’t sue anyone who is in this race. However, the court found that because the waiver was not clear and was not drafted properly, it was not applicable in those circumstances.

All right, well thank you so much, John Philp from Preszler Injury Lawyers. If you have any questions about personal injury, visit John and his team at Preszler by going to our Facebook page at facebook.com/MorningShow. We’re going to take a break; we’ll be right back.