Sports Injury Liability in New York State: What You Need to Know

Every year, thousands of New Yorkers participate in sports and recreational activities, from organized school sports and community leagues for children to solo endeavors like skiing, cycling, and skateboarding. While these activities promote health, discipline, and camaraderie, they also carry the inherent risk of injury. When a sports injury occurs, the question often arises: Can someone be held responsible?

Understanding liability for sports injuries under New York State law involves navigating a complex interplay of negligence, assumption of risk, product liability, waivers of liability, and special considerations for children and spectators. But don’t worry! We at Harding Mazzotti have created a comprehensive, easy-to-understand guide to sports injury liability in New York.

Negligence and the Duty of Care in Sports Settings

In New York, liability for sports injuries, (and indeed personal injuries in general), often hinges on the legal concept of negligence. To establish negligence, a plaintiff must demonstrate:

1. The defendant owed a duty of care;
2. The defendant breached that duty;
3. The breach caused the plaintiff’s injury; and
4. Damages resulted from the injury.

In a sports context, duty of care refers to the responsibility coaches, trainers, property owners, equipment manufacturers, and others have to act reasonably and prevent foreseeable harm. This duty extends to maintaining safe facilities, providing proper equipment, supervising participants, and ensuring adherence to safety rules.

For example, a coach who fails to supervise a youth football practice, allowing children to tackle without proper equipment or instruction, may be found negligent if a child is injured. Similarly, a gym that fails to repair loose floorboards on a basketball court may be liable if a player trips and is hurt, because they may be seen to have breached their duty of care to the player.

However, New York recognizes the doctrine of assumption of risk, which holds that athletes, by choosing to engage in a sport, accept the inherent risks associated with it. If you are playing baseball, for example, the law assumes that you are aware that you can be injured by a flying ball. This doctrine often shields defendants from liability unless their actions go beyond the normal scope of the sport and constitute reckless or intentional conduct. For instance, a hockey player injured during a legal check will likely be judged by a court to have assumed that risk, but if a player were attacked with a stick after the whistle, there may be liability.

Waivers of Liability: Are They Enforceable?

Many sports organizations require participants to sign waivers of liability. In New York, these waivers are enforceable to some extent but are not absolute. General releases of liability cannot protect a party from claims of gross negligence, reckless conduct, or intentional harm.

Negligence vs. Gross Negligence: What’s the Difference?

• Negligence means someone failed to act with reasonable care, and that carelessness caused someone else to get hurt. It could be a simple mistake or oversight, like forgetting to clean up a spill that causes a slip and fall.
• Gross negligence, on the other hand, is much worse. It means someone acted with extreme carelessness or reckless disregard for others’ safety. It’s more than a mistake; it’s behavior that shows they didn’t care at all about the risks or consequences.

Intentional harm is just what it sounds like: someone intends to hurt another and then does so.

For instance, if a gym requires members to sign a waiver but then fails to repair broken equipment that it knew posed a danger, the gym could still be held liable if someone is injured. That’s because waivers cannot shield against gross negligence.

New York General Obligations Law § 5-326 provides that waivers signed by individuals to use recreational facilities are void if the facility charges a fee for use and the waiver attempts to exempt the operator from liability for their own negligence. To better explain this, here are some examples:

Example 1: Private Gym with Membership Fees

A local gym in Albany requires all new members to sign a waiver of liability. The waiver states that the gym is not responsible for any injuries that happen on its premises, including those caused by equipment failure or poor maintenance.

However, because the gym charges a monthly membership fee, this waiver is void under New York General Obligations Law § 5-326 if the injury was caused by the gym’s negligence, such as failing to repair a treadmill that had been reported broken multiple times.

Why it’s void: The facility charges a fee for use, and the waiver tries to release the gym from liability for its own negligence, which the law prohibits.

Example 2: Paid Youth Soccer Camp

A summer soccer camp in Westchester County charges parents $300 per child for a two-week program. As part of registration, parents are required to sign a waiver that releases the camp from “all liability, including for injuries caused by camp staff or facilities.”

During a session, a child trips because of a pothole on the playing field, one that camp staff had known about but failed to repair. The child suffers a broken arm.

Why the waiver is void: The camp charges a fee for recreational use, and under New York law, a waiver that seeks to release the camp from its own negligence (like ignoring a dangerous field condition) is not enforceable.

Waivers and Children

Minors are a special case under New York law. Generally, a child cannot legally sign a waiver, and courts have often held that even waivers signed by a parent on a child’s behalf may not be enforceable, especially in the case of gross negligence or unsafe conditions. For example, if a child is injured at a privately run sports camp due to poor supervision or faulty equipment, a waiver may not protect the organization from liability.

Parents should be aware that the protections offered by waivers are limited, and organizations must still meet reasonable safety standards. Courts scrutinize such waivers closely, especially where vulnerable groups like children are involved.

Limitations of Waivers

It’s important to understand that even if a waiver is otherwise valid, it may be struck down if it is overly broad, vague, or in conflict with public policy. For example, a waiver that tries to release an organization from “all liability of any kind” may not hold up in court if an injury occurs due to preventable and foreseeable hazards.

Sports Injuries to Children in Non-School Settings

When children are injured in sports settings not affiliated with public schools, such as summer camps, private leagues, or day programs, the legal standards can vary, but generally, organizers owe a heightened duty of care to minors.

Negligent supervision, failure to provide safe equipment, or unsafe playing conditions can all give rise to liability. For example, a child at a summer soccer camp is injured due to unfilled holes on the playing field. If the injury was foreseeable and the organizers failed to take reasonable steps to prevent it, they could be liable.

Another common scenario involves improperly trained staff or volunteers. If a coach at a youth basketball league allows rough play without enforcing rules or intervening, and a child is injured, this may constitute negligence.

Still, if a child is injured while playing an inherently risky sport and appropriate safety measures were taken, there may be no liability found. Courts consider the nature of the sport, the adequacy of adult supervision, safety protocols, and whether the activity was age-appropriate.

Product Liability: Faulty Equipment and Manufacturer Responsibility

Injuries caused by defective sports equipment may give rise to product liability claims. Under New York law, manufacturers, distributors, and sometimes sellers can be held liable if their product is defective and causes injury during normal use.

Defects can be categorized as:

• Design Defects: The product is inherently unsafe even when used correctly.
• Manufacturing Defects: An error occurred during the production process.
• Failure to Warn: Inadequate instructions or warnings that could prevent harm.

An example would be a hockey helmet that splits upon impact because it was defectively manufactured. Even if the player knew hockey was dangerous, they did not assume the risk of defective gear. Here, a claim could be brought against the manufacturer for the defective product. Similarly, a treadmill that speeds up unexpectedly due to an electrical malfunction could result in injury and a potential product liability lawsuit.

Spectator Injuries: A Complex Issue

Spectators can also be injured at sporting events, from foul balls at baseball games to slips and falls in poorly maintained stadiums. Whether there is liability depends on foreseeability and whether reasonable precautions were taken.

In New York, stadium owners and event organizers owe a duty of reasonable care to spectators. This includes providing adequate warnings, maintaining safe premises, and offering protected seating areas when appropriate.

For instance, most baseball parks have netting behind home plate to protect against foul balls. If a spectator chooses to sit in an unprotected area, they may be judged to have assumed the risk. However, if a dangerous condition existed, like a broken railing or poor lighting, that caused an injury, the venue could be held liable.

Courts also examine whether warning signs were posted, whether staff was trained to assist injured spectators, and whether reasonable inspections and maintenance were conducted.

Comparative Negligence vs. Contributory Negligence in New York

New York follows the rule of pure comparative negligence. This means that even if the injured party is partially at fault, they can still recover damages, but the amount is reduced by their percentage of fault.

For example, if a basketball player is 30% responsible for their injury because they wore improper footwear, and the gym is 70% responsible for having a slippery floor, the player can still recover 70% of their damages.

This differs from contributory negligence systems, where any fault on the part of the injured party could completely bar recovery. New York’s approach is more equitable and allows injured parties to recover at least partial compensation in many situations.

FAQs About Sports Injury Liability in New York

Q: Can I sue if I signed a waiver but was injured anyway? A: Yes, especially if your injury resulted from gross negligence, reckless behavior, or intentional misconduct. Waivers do not offer blanket protection in New York.

Q: What if my child is injured at a sports camp? A: Camps have a legal duty to provide safe environments and proper supervision. If negligence can be proven, a claim may be viable even if a waiver was signed.

Q: Who is responsible for faulty sports equipment? A: Manufacturers and sellers can be held strictly liable if a defect in the equipment causes injury. Coaches or leagues may also be liable if they continue to use known defective gear.

Q: Are spectators entitled to compensation if injured at a game? A: Possibly. Liability depends on whether the injury was foreseeable and if adequate safety measures were taken by the event organizers.

Q: Does the assumption of risk mean I can never sue? A: No. Assumption of risk only covers inherent risks. If your injury resulted from negligent or reckless conduct beyond those risks, you may have a valid claim.

What to Do If You or Your Child Is Injured in a Sports Activity

If you or your child suffers an injury during a sports or recreational activity and you believe someone else’s negligence may have caused or contributed to it, it’s important to take the right steps early. Acting promptly and carefully can help protect your rights and strengthen any potential legal claim you may have under New York law.

Here’s what you should do:

1. Seek Medical Attention Immediately

Your health or your child’s health should be your top priority. Even if the injury seems minor at first, get checked by a medical professional. Some injuries, like concussions, internal injuries, or joint damage, may not show symptoms right away.

In addition:

• • Follow all medical advice and keep records of treatment, diagnoses, prescriptions, and follow-up appointments.
  • Request copies of all medical records, which may be important in proving the severity and cause of the injury.

2. Report the Injury to the Organization or Facility

Notify the coach, camp director, school official, or facility manager as soon as possible. Ask to fill out an official incident report, and get a copy for your records.

Be sure to include:

• • Date and time of the injury
  • Location
  • Names of any witnesses
  • A clear description of what happened

Prompt reporting creates a paper trail that can be crucial later.

3. Document Everything

Gather and preserve evidence related to the injury. This can include:

• • Photographs of the injury, the location where it occurred, and any equipment involved
  • Contact information of witnesses or others present at the time
  • Emails, text messages, or documents from the organization, such as waivers, registration forms, or prior complaints
  • Notes about the event while it’s still fresh in your memory, including what led up to the injury and how staff or supervisors responded

In product-related injuries (e.g., faulty helmets or equipment), preserve the item in its post-accident condition. Do not attempt to repair or alter it.

4. Do Not Rely Solely on a Liability Waiver

Many people assume they can’t do anything because they signed a waiver. This is not always true under New York law.

• • A waiver cannot protect an organization from gross negligence, reckless behavior, or intentional harm.
  • Under General Obligations Law § 5-326, waivers signed for recreational activities may be void if the facility charges a fee, especially if the injury was caused by the facility’s own negligence.
  • Waivers signed on behalf of a minor may not be enforceable.

So don’t assume your legal rights are waived, consult with an attorney to know for sure.

5. Avoid Giving Statements Without Legal Advice

Be cautious about speaking in detail with insurance companies, coaches, camp administrators, or others representing the facility. You are not obligated to provide a recorded statement, and doing so without legal guidance may inadvertently hurt your case.

Also, do not post about the injury on social media. These posts can be taken out of context or used against you later.

6. Consult a Personal Injury Attorney Experienced in Sports Injuries

Finally, speak with an attorney who understands New York personal injury law and has specific experience handling sports-related injuries.

An attorney can:

• • Determine whether you have a valid legal claim
  • Help you gather the right evidence and secure expert witnesses if needed
  • Deal with insurance companies and facility representatives
  • File a lawsuit within New York’s strict legal deadlines

Legal cases involving children, waivers, or sports-related injuries often have unique rules and require a specialized approach. An experienced lawyer can guide you through the process and work to get compensation for medical bills, pain and suffering, and other damages.

Harding Mazzotti, LLP: Your Ally in Sports Injury Cases

If you or a loved one has been injured while playing sports, attending a game, or participating in a recreational activity, the law firm of Harding Mazzotti, LLP is here to help. Our attorneys bring decades of experience handling complex personal injury cases involving sports injuries. We understand the nuances of New York law and are dedicated to advocating fiercely for our clients.

We combine compassion with a relentless drive for justice, going above and beyond to ensure the best possible outcome. Whether negotiating a settlement or litigating in court, our team is prepared to stand by your side every step of the way.

Contact Harding Mazzotti, LLP today for a free consultation. Let us put our experience to work for you.