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Recreational activities are fun. At the same time, some of them have the potential to be quite risky if the proper precautions are not taken. Organizers and participants should both emphasize safety. If you are hurt during a recreational activity, you must know your rights.
At Schiller & Hamilton, we are a personal injury law firm that knows how to get results in challenging cases. Our Lancaster personal injury attorneys provide a comprehensive guide to your rights and your options after being hurt during a recreational activity.
An Overview of the Most Dangerous Recreational Activities
Law Insider defines a recreational activity as “any outdoor activity undertaken for exercise, relaxation, or pleasure.” The term can include anything from a relatively low-key activity such as birdwatching to an extreme sport like skydiving. Of course, accidents can happen when you least expect them. All activities carry some safety risks. Some of the most dangerous common outdoor activities in South Carolina include:
- Bungee Jumping: The extreme nature of bungee jumping can lead to serious accidents, including dislocations, fractures, or even fatalities
- Skydiving: Skydiving involves jumping out of an aircraft and free-falling before deploying a parachute. Despite safety measures, the sport remains dangerous.
- Riding ATVs: Riding all-terrain vehicles (ATVs) is a popular outdoor activity in South Carolina. The combination of high speeds and challenging landscapes can lead to crashes.
- Horseback Riding: Horseback riding is a traditional recreational activity that can be unpredictable and dangerous due to the size and strength of horses. A fall is very dangerous.
- Mountain Biking: Bikers face the potential for falls—and injuries like broken bones or concussions—particularly on more challenging trails in South Carolina.
- Rock Climbing: Rock climbing is a physically demanding activity that involves scaling natural or artificial rock formations, with risks including falls and equipment failure.
- Recreational Sports: Recreational sports like soccer, basketball, or football provide fun and exercise. However, they are associated with physical injuries.
Four Steps to Take If You Are Injured During a Recreational Activity in Lancaster
Were you injured while participating in recreational activity in Lancaster or elsewhere in the surrounding region of South Carolina? You must take immediate action to protect your health and your rights. Here are four steps to take after a recreational activity accident:
- Get Immediate Medical Care: Your medical needs are always the top priority. All recreational activity injuries should be evaluated by a doctor as soon as possible.
- Document What Happened: To put yourself in the best position to bring a claim, be sure to document what happened. Take photos, get witness names, and write down an account.
- Report the Incident: Your recreational activity accident should be reported to the appropriate parties—from organizers to property owners.
- Consult With a Lawyer: Before you provide a recorded statement to any insurance company, protect your rights by speaking to a Lancaster personal injury attorney.
What to Know About South Carolina Law and Recreational Injuries
As with most types of personal injury claims, recreational activity accident cases are governed by state law. If you are hurt during a recreational activity in Lancaster, you must have a general understanding of South Carolina law. Here are three key points:
- You Can Bring a Claim Against a Negligent Party: In South Carolina, if you suffer a recreational injury due to someone else’s negligence, you may be entitled to bring a legal claim against that party. Negligence could involve failing to maintain safe conditions, providing faulty equipment, or not properly instructing participants.
- Assumption of Risk (and Waiver) Could Be a Factor: When engaging in recreational activities, participants often sign waivers acknowledging the risks involved, which can limit their ability to bring a claim. In South Carolina, the doctrine of “assumption of risk” means that if you voluntarily participate in a risky activity, you may be barred from recovering damages for injuries. However, waivers are not always absolute. Indeed, in the 2003 case of Fisher v. Stevens, a South Carolina court of appeals invalidated a waiver because it was overly broad. Further, a waiver cannot prevent a claim if “gross negligence” occurred.
- Three-Year Statute of Limitations: Under South Carolina law (S.C. Code § 15-3-535), personal injury claims—including recreational injury cases—are subject to a three-year statute of limitations. Do not fall behind the defendant or insurance company. Consult with a Lancaster, SC personal injury lawyer right away after a bad accident.
Recovering Compensation for a Recreational Injury
Hurt due to negligence while participating in a recreational injury in Lancaster? You must be able to access the compensation that you need to pay bills and support your family. Under South Carolina law, injured victims may be entitled to compensation for economic and intangible damages. Our Lancaster, SC personal injury lawyers can help you seek compensation for:
- Emergency room treatment;
- Hospital bills and other health care costs;
- Physical therapy and rehabilitative care;
- Loss of wages and loss of earning power;
- Pain and suffering & mental distress;
- Long-term disability and physical impairment;
- Loss of quality of life; and
- Wrongful death of a family member.
Why Injured Victims Depend On Schiller & Hamilton When It Matters Most
Navigating a recreational injury claim is complicated. You do not have to take on the process alone.
Defendants and insurance companies are not on your side. At Schiller & Hamilton, we are a law firm that is devoted to providing personalized legal representation in serious injury cases. Our Lancaster, SC recreational injury attorneys have the experience that you can trust.
Contact Our Lancaster Recreational Injury Attorney Today
At Schiller & Hamilton, our Lancaster personal injury lawyers are experienced advocates for justice.
If you were hurt during a recreational activity, please contact us today for your free, no-obligation initial consultation. With an office in Lancaster, we handle recreational injury claims in Lancaster County and throughout South Carolina’s Piedmont region.