Recreational Activity Injury
When a fun activity ends with pain, injury, and distress, turn to Kreindler & Kreindler.
If you are injured or a loved one has been killed during an organized recreational activity or sporting event we may be able to determine responsibility and seek accountability on your behalf.
Kreindler plaintiff attorneys have successfully prosecuted cases in which a client or their loved one has been seriously injured or killed - even in cases when the participant had previously signed a waiver of liability.
If Kreindler injury attorneys can stand up to the NFL on behalf of 100 former football players, they can stand up for you.
Read about the NFL concussion case.
A Record-Setting Settlement for Concussion Claims Against the NFL
For many years, the National Football League ignored, and even actively withheld, medical proof that its players were exposing themselves to serious, long-term health problems caused by repetitive head contact and concussions. There is actually no scientific evidence that a football helmet reduces the severity or the number of concussions in tackle football.
The settlement guarantees that compensation is available whether a retired player is sick today or develops a neurocognitive illness years into the future.
Multiple concussions and other traumatic brain injuries frequently lead to long-term effects like headaches, depression, mental illness, cognitive and motor impairments, dementia and other significant problems. These and other issues were at the heart of a multidistrict litigation (MDL) lawsuit brought against the league on behalf of former players.
Kreindler Partners Noah Kushlefsky and Anthony Tarricone worked tirelessly to represent over 100 of the thousands of former NFL players, with Tarricone appointed to the plaintiffs’ steering committee. The lawsuit culminated in a historic financial settlement, as well as ongoing healthcare for athletes’ resulting disabling conditions.
Kreindler's New York Law of Torts Treatise
Kreindler has literally written the book on New York tort law. Our partners wrote and edit this well-regarded industry treatise in which veteran litigators from Kreindler analyze torts involving individuals, companies, joint tortfeasors, family members, and government.
Kreindler Attorneys are here for you
Millions Recovered for Hunter Shot Twice During Deer Shoot
Although he expected to be the one doing the shooting, a man was accidentally shot, twice, by a fellow participant during an organized deer hunt. His injuries required seven operations, and he was left with permanent damage to his leg. The financial and emotional toll on him was enormous.
The victim turned to Kreindler partner Noah Kushlefsky, who immersed himself in the world of hunting, observing how deer drives are operated, and researching normal safety measures. He discovered that the hunt in question was clearly mismanaged, with insufficient training and too many hunters.
As a tireless advocate for the client, Noah was able to demonstrate to the jury that the shooter, the hunting club, and property owner were all liable. This combination of defendants helped secure a verdict of over $3 million.
With Kreindler attorneys on your side, every effort is made to pursue the most compensation possible for your injury.
Did the day not go the way you planned?
In nearly every competitive sport and recreational activity, there’s a risk of serious – and at times permanent injury. Sometimes the accident is due to the negligence or actions of someone else. It may also be traced to poorly maintained equipment, property, or facilities. Or, a mishap can stem from a lack of instruction or necessary supervision.
Financial recovery may be possible to pay for a victim’s medical costs, and in some cases, pain, suffering, and loss of income. Kreindler attorneys know what to look for in determining exactly what happened and who was responsible. We then use those facts and established civil law to litigate the case and help ensure that justice is served.
If you were hurt during a sporting or recreational activity, it’s unwise to accept a settlement for your injury until you have spoken with an attorney.
However, it is smart to document incident details, get the contact information of witnesses, and take photos if possible.
Did you sign a waiver of liability?
These days, people participating in sporting and recreational activities are often required to agree to a ‘waiver of liability.’ This can protect the company or organization, such that if the customer or player gets injured, their legal options may be limited.
In other cases, participants are often required to sign an arbitration clause. Here, a dispute over an injury would be handled by the organizations’ choice of an arbitrator rather than the court system.
People often sign forms without thoroughly reading them, trusting that they'll be treated fairly. This may not be the case.
Can a waiver of liability be overcome?
In other words, if you get seriously hurt after signing a risk waiver, can you still sue the company or organization? The answer is, it depends. While the liability waiver may be the last word in many cases, we can investigate to determine if a special circumstance existed that could help us overcome a signed liability waiver.
What could void a waiver of liability?
- Instances of gross negligence, in which it can be shown that someone working for the defendant acted intentionally, or in a manner beyond what is considered reasonable
- Ambiguous, unclear, incomplete, or hidden wording in waiver documents
- Third parties (an equipment manufacturer for example may be held legally and financially liable for injuries stemming from the failure of their products)
- Multiple contributing factors that may not be covered by the waiver agreement
- Circumstances that can be shown to violate state law, Federal law, relevant safety regulations, or the defendant entity’s own stated policies or procedures
Referring Counsel: Let’s Discuss Your Client’s Case
Kreindler regularly partners with attorneys who already have a relationship with the victim or their family. If there is an award we share our fee while allowing referring attorneys to be as involved as is appropriate.
Lawyers unfamiliar with the complex challenges of recreational injury law may miss key issues, and therefore opportunities to secure and maximize compensation. We have the resources to dig deep and challenge even large international companies in court.
Kreindler Attorneys Are Here to Answer Your Questions
Having helped so many others, we really do understand the impact a recreational activity injury can have on your family and your life. Sadly, what has been done cannot be undone. However, we are here to help you achieve a sense of closure, justice, and financial security to help you move on following a tragedy.
Call today 800.331.2782 or fill out our contact form.