There are some sports that are known to have a significant risk of injury, such as skiing or rock climbing. Under the tort law theory of inherent risk, people who voluntarily engage in these sports cannot hold anyone else accountable for injuries caused by the sport itself unless the negligence rises to a certain level. In other words, if you go skiing and break your leg, unless the owners of the ski resort were extremely negligent, you will probably not be able to sue them for damages. Without this heightened negligence standard for inherent risk, no ski resorts could operate because the costs would be prohibitive.
Facts of This Case
The Michigan Supreme Court heard a Michigan personal injury case related to inherent risk. In this case, two men were golfing. One was driving the golf cart when it collided with the other man. Their stories differ about whether the cart suddenly struck the injured man or whether the injured man jumped in front of the cart. For the purposes of this appeal, it was irrelevant which scenario was correct. Here, the court looked at whether being hit by a golf cart is an inherent risk of golfing, as the driver of the cart argued. Conversely, they could have found that being hit by the cart is not an inherent risk of golfing. Whether the risk is inherent or not is relevant because it determines the standard of negligence that needs to be applied. These cases are always extremely fact-specific, which is why it is so important to contact a skilled personal injury attorney as soon as possible after an injury.