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Are Sponsors Liable?
By
David Day |
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When companies and other entities sponsor programs that promote physical
activity, are they to be held liable for any injuries that may occur? As a
general rule, negligence liability presupposes that the responsible
individual or agency had control over the condition that caused the injury.
On the other hand, there is no legal duty and subsequent negligence liability
where control is lacking. Thus, if a horseback rider were to be injured in a
riding incident during a wellness weekend sponsored by a corporation, the
sponsor would not be held liable if it neither designed, controlled, nor
supervised the event. However, if the sponsor had some measure of control
over the trail rides, it may have some exposure for the injuries.
A related problem is that of participant knowledge of harm related to the
activity. Many individuals who engage in sponsored programs generally know
and willing assume the risk of these activities. When they do, their ability
to recover for damages caused by their own conduct generally will affect
their ability to recover.
As a general rule, I recommend to people that they be careful and understand
the risks involved at any such event. Frequently, these events have waivers
or disclaimers that limit the sponsor's liability. These need to be reviewed
carefully, even when they are printed on the back of a ticket or prominently
displayed on a sign at the event. |
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