Like everywhere else in the country, Montana offers opportunities to play football, baseball, basketball and other popular American sports. But Montana’s geography also allows for outdoor activities like hiking and climbing, horseback riding, experiencing a ranch and whitewater rafting. In the winter, Montana has many popular skiing slopes and trails.
While there is plenty to do in this state, these recreation activities can lead to injury.
Sporting injuries are often serious. Spinal cord injuries, head trauma, near drowning and broken bones are too common. In the worst accidents, victims may die from their injuries.
Montana law limits people’s options to file lawsuits if they get hurt in a sporting or recreational activity. Likewise, sporting outfits, tourist attractions and other businesses can use waivers to protect themselves legally.
While people should remember that they, in theory, have the right to refuse to sign waivers, in practice, not signing will likely mean the person will not be allowed to participate in the planned activity.
A person may still have legal options after a sports and recreation accident
A victim of a sports and recreation accident or their family should not automatically give up on recovering compensation, even if they did sign a waiver with a professional sports and recreation organization.
It is important to conduct a thorough investigation after any sports and recreation accident.
For one, a waiver will not always apply to an accident. Whether a waiver applies will depend on the circumstances.
Also, it may turn out that someone else is also responsible for the accident, and that other individual or business can be held legally responsible under Montana law. On a related note, a defective product may have contributed to an accident, and the victim can hold the manufacturer accountable.
Both those in the Bozeman area and visitors who have been involved in a sports and recreation accident should understand their legal options.