Triathlete injured in New England Race

While many races start “in water,” there are times and courses where that is not possible.  In a race this summer where very low tides resulted in a several hundred meter sprint from the show to water deep enough to swim, several competitors suffered lacerations from shells below the surface.  One triathlete contacted ABRAMS LANDAU, Ltd. because he sustained a severe injury to the bottom of his foot with what appears to be permanent residual nerve damage.

Sports injury lawyer Doug Landau consulted with this fellow athlete.  Advising that a liability case would be difficult, and that the Release signed by all competitors would be used to show that the competitor assumed the risks of injury from such a sports event, Landau suggested that the injured athlete look into medical coverage that may be available for the event.  Just because an athlete is injured during competition does not mean that the race directors, sponsors or volunteers are liable.  There must be a showing of negligence, of a “failure to act with reasonable care under the circumstances.”  And, even if there is such a showing, the defenses of “Assumption of the risk,” and “Contributory negligence” can reduce the damages recoverable or even end the case altogether.  The Release all athletes sign if they want to participate is another hurdle, as is the “charitable immunity” that many races have as the result of their fundraising and non-profit status.  An injured athlete can sue a negligent driver who causes a crash on the race course or the manufacturer of a defective bicycle.  However, those are cases that do not involve any action on the part of the race production team.  If you or someone you know has been injured while racing or training, please e-mail or call us (703-796-9555) at ABRAMS LANDAU, Ltd., as there are very short time periods for making claims as the result of sports injuries.