Summer is a season of sun, relaxation—and sports.
Whether it’s a friendly round of golf or a competitive baseball game, recreational summer sports are a staple of the warmer months.
But with increased physical activity comes an increased risk of injury. What many people don’t realize is that even during these leisure activities, questions of liability can arise.
If you’ve been injured during a summer sport or activity, it’s important to understand your rights and the responsibilities of others involved.
Common Summer Sports and Associated Risks
Three of the most popular recreational summer sports and activities are golf, baseball and water skiing. Each offers a fun way to stay active but also come with unique injury risks:
- Golf: Injuries can occur from errant golf balls, improperly maintained courses, or malfunctioning golf carts.
- Baseball: Whether it’s a backyard game or a local baseball league match, baseball poses dangers such as being struck by a bat or ball, tripping on uneven field conditions, or injuries due to poorly maintained equipment. Spectators can also be injured by errant baseballs (and even bats).
- Water Skiing: Water skiing is a high-speed, high-impact sport that can lead to serious injuries, especially when boats are operated negligently, skiers are inexperienced, or safety protocols are ignored
When Is Someone Liable for a Sports Injury?
In recreational sports, participants generally assume some level of risk. This is called the “assumption of risk” doctrine.
However, there are circumstances where liability may still apply:
1. Negligence
If an injury occurs due to someone else’s failure to act with reasonable care, they could be held legally responsible. For example:
- A golfer tees off without checking if the fairway is clear, hitting another player.
- A baseball coach encourages overly aggressive play in a youth league, resulting in avoidable injury.
- A boat operator towing a water skier turns too sharply or drives recklessly, causing the skier to crash
2. Reckless or Intentional Conduct
If someone acts recklessly or intentionally harms another player—such as swinging a bat in frustration and hitting someone—they can be held liable, even in a sports setting.
3. Property Owner Liability
The owners or operators of a sports facility may be liable if:
- The grounds are not properly maintained.
- Equipment is faulty or not inspected.
- Warning signs are absent where hazards exist.
For example, a golfer injured in a cart accident due to faulty brakes, or a player slipping on a poorly maintained baseball diamond, may have grounds for a premises liability claim.
What to Do After a Sports Injury
If you’ve been injured during a recreational summer sport, take the following steps:
- Seek medical attention – Your health comes first.
- Document the scene – Take photos, gather witness information, and note the conditions of the facility.
- Report the incident – Notify any league officials or property owners.
- Contact a personal injury attorney – Legal guidance is crucial to understanding whether you have a viable claim.
Protecting Your Rights
At Bergeron Clifford LLP, we understand that injuries can happen even when you’re just trying to enjoy the summer. If you’ve suffered due to someone else’s negligence or a facility’s failure to maintain safe conditions, you don’t have to face the aftermath alone. Our experienced personal injury lawyers are here to help you understand your rights and pursue the compensation you deserve.
ABOUT THE AUTHOR
Casey Dorey is an associate lawyer at Bergeron Clifford LLP. He works primarily in Kingston but travels across Eastern Ontario.
Casey obtained his LL.B from the University of Leicester, United Kingdom, with First Class Honours. While in law school, Casey was a Moot Court champion and represented the school externally in London, England. He was also awarded the Canadian Spring Scholarship.
He has appeared before the Ontario Superior Court of Justice, Small Claims Court, Criminal Injuries Compensation Board, and the Social Security Tribunal.
