Sports And Sports Related Concussions

1378 Words6 Pages
Nearly 40% of athletes, who have suffered a concussion, return to play earlier than they should (Concussion Facts, n.d.). Sport related concussions … The negligence surrounding sport related concussions …Inherent risks surround all sporting events. Sport officials… Negligence is “an act or omission which violates a legal duty and creates an unreasonable risk of harm to another, resulting in injury” (Rosenthal, 2003-2004). Every sport possesses its own unique risks. “Personal injuries are not only a consequence of competition, they are an object of that competition” (Fitzgerald, 2005). Sports require and encourage rough play. Those who participate know this and accept those risks. The assumption of risk is used in a defendant’s defense. Express assumption of risk is the written or oral agreement that acknowledges the plaintiff knew the risks involved. The implied assumption of risk includes the primary assumption and secondary assumption (Rosenthal, 2003-2004). Many risks fall into the category of primary assumption of risk. The primary assumption of risk is when the plaintiff is aware of the risks involved in a specific activity, but chooses to participate anyways. There is no negligence involved within the primary assumption of risk. The second assumption of risk is known as comparative negligence (Fitzgerald, 2005). Comparative negligence is when the plaintiff is partially at fault (Rosenthal, 2003-2004). It is often argued that athletes are aware of the risks involved
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