July 16, 2015
Professional athletes are far more prone to injury than the average Calgarian, especially those taking to the stadium in the Calgary Stampede or skating out on the ice in the jersey of the Calgary Flames.
Why can't these athletes file a personal injury claim against those who injure them, or the owners of the Stampede?
Remember, not every injury in Calgary is grounds for a personal injury case. In order for there to be a legitimate cause of action, the injury has to occur as the result of someone else's negligence, at a time and place when the injured party was owed a duty of care.
In the case of professional athletes, they fully understand the risks they are taking on, and the duty of care owed to them by the organizers of the Calgary Stampede, by the teams the Calgary Flames meet on the ice, or by anyone else is limited: assuming everyone acts within the bounds of what is considered reasonable in each sport, the risk of which is voluntarily assumed by the athlete, a simple injury is not grounds for a suit.
If proper safety precautions weren't taken and that led to injuries outside the scope of the normal athletics, that would be a different story, and grounds for a personal injury case might very well exist. Athletes are at the same risk for these injuries as everyone else, though, so they aren't a special case when it comes to personal injuries and the Calgary courts.
Keep coming back to Cuming & Gillespie for more info on personal injury laws and cases in Calgary!
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