A participant in a sport or recreational activity assumes the inherent risks of the sport and cannot recover for an injury without showing that the other participant’s action was either reckless or intentional.

Intentional conduct is pretty straight forward so let's focus on “reckless” conduct.

A person is reckless when he or she acts with a disregard for risks in such a way that it creates an “unreasonable risk of physical harm to another.”

What constitutes an “unreasonable risk” depends on the sport – you look to the rules and customs which shape the participant's expectations of what is foreseeable in the course of the game.

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.