Can You Sue If You're Hurt Playing A Physical Sport?

By Amy E. Feldman

PHILADELPHIA (CBS) - Can you sue if you're hurt playing a physical sport?

To help prepare a Colorado man to take the martial arts test to get his black belt, two participants had to try to attack him and he had to fend them off. Yes, people do that for fun. Can't just play chess, right? Although it's a violation of the rules to hit someone in the head, it happens—so all three were wearing protective head gear although one of the attacker's headgear didn't have a facemask. Yup, while fending off the attack, the blackbelt accidentally caught that guy the face, causing permanent eye damage. The injured guy sued, claiming the move violated the rules.

Can you win a lawsuit if you're hurt during a match when physical contact is against the rules, but an expected part of the game? No, the Colorado Court said that when a sport is inherently dangerous, a defendant is liable only when he acts recklessly or intentionally tries to hurt someone. The black belt didn't intentionally hit the guy in the face so while the opponent should fight back physically, he can't fight back in court monetarily.