A golfer injures her back upon being hit by a mis-struck shot. A tennis player breaks his leg after slipping on a wet court. A woman tears up her knee muscles after a piece of exercise equipment malfunctions. Every day, club managers encounter an unfortunate side of their jobs – dealing with sports-related injuries to their members.
The recipe for determining a club’s liability in such cases includes a heaping scoop of negligence law combined with a spoonful of sports-based common sense.
First, let’s take a look at negligence law. When a negligence plaintiff sues a defendant to recover money damages for an injury, the plaintiff must show three points: (1) the defendant broke a legal responsibility to keep the plaintiff safe from injury; (2) the plaintiff was actually damaged; and (3) there exists a connection -called “causation” – between the damages and the defendant’s breaking his safety legal responsibility.
Take, for example, our case of the club member who breaks his leg after slipping on a wet tennis court. This looks like it may fit into our equation above: The club had a legal responsibility to keep him safe by providing a dry court, it broke that legal responsibility, and the foreseeable result occurred – he was hurt. Of course, this is not where the ballgame ends.
What if it had just rained and the club posted a “Wet Court: Do Not Use” sign at the court — and the club member simply ignored it? Though the case may fit neatly into the negligence formula, it is overcome by the club member’s “assumption of the risk.” Here, the member saw the risk of injury and yet chose to take the risk. Common sense (which, surprisingly to some critics, occasionally intersects with law) says that the club should not be held liable for the member’s foolishness.
Similar “assumption of the risk” cases can be found throughout a club and often inquires into the normal course and scope of a sport. Take our example of the golfer injured by a stray shot. If the golfer was standing a few yards in front of his playing partner – generally accepted as inappropriate behavior in golf — and was hit by a shanked four-iron, would that player be found to have assumed the risk of injury? What if the golfer was standing on the green 360 yards from the tee and was struck by a massive tee shot? Such questions are ones for juries – and the stuff of club manager headaches.
In addition to defenses of “assumption of the risk,” clubs may help to shield themselves from liability by having club members affirmatively relinquish their rights to sue in the event of injury. Take, for example, the case of our cross-trainer who tore up her knee when the treadmill malfunctioned. What if the club had the woman sign a “waiver” – would that protect the club from liability? Maybe: Laws on the enforceability of waivers vary from state to state.
Now that you have a handle on understanding these issues, what’s next?
1) Consider carefully and conspicuously posting warning signs in appropriate places at your club, letting your members know of potential risks at the club. Clearly visible and easily understandable signs on golf carts, in pro shops, at swimming pools, and in locker rooms may go a long way to demonstrating that a member assumed the risk of many sports-related injuries.
2) Work with your club officers and executives on drawing up a waiver form. Depending on your jurisdiction, having a member sign a waiver – for example, during check-in at your club’s workout facility – may prove to be legally helpful.
3) Perhaps most importantly, now that you have some background information, contact your attorney for more guidance. With some laws varying greatly from state to state, your club’s lawyer will be in the best position to properly advise you.
Ted Curtis is a professor of sports management at lynn university in boca raton, florida. He may be reached at tcurtis@lynn.edu. This article is intended for general informational purposes only and is not legal advice. if legal advice is required, a competent professional should be contacted.
