Extreme sports such as motocross, snowboarding, skateboarding, and surfing pose significant risks of catastrophic injury. Spinal cord injuries are some of the most debilitating injuries that can occur in extreme sports. Understanding the legal rights and potential compensation for individuals who suffer these injuries is important.
Causes and Types of Spinal Cord Injuries
Spinal cord injuries are most often caused by trauma from high-impact falls or collisions. In extreme sports, spinal cord trauma can occur from crashes, impact with obstacles, failed stunt attempts, or improper landings. These forces can fracture, dislocate, crush, or compress the vertebrae and spinal cord.
Spinal cord injuries are characterized by the location of damage and extent of paralysis. Tetraplegia (quadriplegia) refers to paralysis in all four limbs and occurs from injury to the cervical spine. Paraplegia refers to paralysis in the lower body and legs from damage to the thoracic, lumbar, or sacral spine. The higher on the spine the injury occurs, the more paralysis results. Complete spinal cord injuries result in full loss of sensation and paralysis below the level of injury, while incomplete injuries have some preservation of function.
Legal Liability for Spinal Cord Injuries
Establishing legal liability for spinal cord injuries in extreme sports can be complex. Lawsuits may be brought against third parties for providing faulty equipment, venue owners for unsafe conditions, or event organizers for negligence. However, in many cases the inherent risks involved in extreme sports make it difficult to prove liability.
Most states uphold liability waivers, which release companies or property owners from responsibility for sports injuries. Plaintiffs must prove that these waivers are unenforceable or that gross negligence occurred. Plaintiffs may also argue that they were not fully informed of the risks, especially minors. Skate parks, ski resorts, and other extreme sport venues frequently require liability waivers before allowing participation.
Suing other individuals for reckless behavior that caused injury can also be challenging. Plaintiffs must demonstrate that a duty of care was breached and directly resulted in injury. In extreme sports contexts, participants assume the risk of common injuries from falls, crashes or failed maneuvers by others. Unless deliberate harm or gross negligence beyond ordinary risks can be proven, lawsuits often fail.
If extreme sports injuries occur during organized competitions, lawsuits would target event coordinators or sanctioning bodies for failing to implement proper safety precautions. Lawsuits have been brought against X Games and other competition organizers, with varying success. Minors may have greater protections against liability waivers in competitive events.
Finally, in some cases manufacturers of defective safety gear or sporting equipment linked directly to catastrophic injury may be held liable. However, companies are not required to guarantee safety from known extreme sport risks. Lawsuits require proof of equipment defects or failures specifically causing injury.
Compensation for Spinal Cord Injuries
The costs of long-term medical care, rehabilitation, assistive equipment, and loss of income capacity make spinal cord injuries among the most financially devastating sports injuries. Those with partial paralysis may be able to recover some compensation through their own insurance policies, while those with permanent paralysis will require extensive lifetime assistance.
Health insurance, disability insurance, and auto insurance policies (in vehicle-related injuries) can help cover initial medical bills. However, lifetime costs often exceed policy coverage limits. Those found legally liable for catastrophic spinal cord injuries may be court-ordered to pay current and ongoing future expenses. Jury awards can reach millions of dollars for the most severe paralysis cases.
Workers’ compensation provides benefits for spinal cord injuries occurring on the job. This covers medical expenses and long-term disability income, though benefit amounts are capped. Workers’ comp generally precludes lawsuits against employers, limiting recourse.
For uninsured individuals or compensation shortfalls, additional assistance may come from spinal cord injury foundations, personal injury lawsuits, Social Security disability benefits, Medicaid coverage, or private donations. Quality representation from Scarlett Law Group maximizes compensation through all available means.
Preventing Spinal Cord Injuries
While adrenaline-fueled extreme sports come with inherent risks, steps can be taken to minimize spinal cord injury dangers. Protective gear like helmets, pads, and breakaway features help shield players from trauma. Checking equipment for defects and riding within one’s ability is key. Venue design and competition rules also play a role in injury prevention.
Education on proper landing and falling techniques helps reduce injury in inevitable crashes. Learning to avoid headfirst falls and land on feet or body rather than head/neck protects the spine. Despite best efforts, however, catastrophic accidents can still occur given the nature of extreme sports. Understanding legal rights and compensation options is imperative for those impacted by spinal cord trauma.
Have you suffered a serious spinal injury while participating in an extreme sport? Talk to us today. You can visit our office at 536 Pacific Avenue, San Francisco, CA 94133.
Call now for a free consultation on (415) 352-6264.