This article analyzes the interrelationship between sports safety measures and sports injury litigation. The author urges the courts to abandon the doctrine of assumption of the risk and proposes a presumption of non-fault to ensure that unavoidable injuries in sports are excluded from compensation. The evidentiary presumption is predicated on the assumption that some injuries are impervious to injury avoidance practices and techniques. Under the presumption, coaches and instructors who negligently create additional risk of injury for the athletic participant face liability.
Gerald J. Todaro,
Allocation of Risk Based on the Mechanics of Injury in Sports: A Proposed Presumption of Non-Fault,
10 Hastings Comm. & Ent.L.J. 33
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol10/iss1/2