Can I Pursue Compensation for Injuries in Recreational Activities?

 Posted on June 27, 2022 in Personal Injury

The summer months are a time when many people enjoy themselves outdoors and participate in a variety of activities. People in Wisconsin have many opportunities for fun activities, including hiking, rock climbing, boating, and swimming in lakes, rivers, and public or private pools. While most people take care to protect the safety of themselves and others while participating in activities, accidents and injuries can still occur. Victims who are injured in these situations will want to determine their options for filing a personal injury claim and pursuing compensation that will address the damages they have suffered.

Liability for Recreational Activity Injuries in Wisconsin

People who are injured while participating in recreational activities may have multiple options for pursuing compensation. If an injury took place while visiting someone else’s property, such as when swimming at a pool at someone’s home or when using facilities at a business, a victim may be able to pursue a premises liability claim. If an injury was caused by defective equipment, such as faulty rock climbing gear, a victim may be able to pursue a product liability claim against the manufacturer.

It is important to understand how Wisconsin law addresses liability for injuries that took place while a person was participating in recreational activities. The state’s statutes detail multiple types of recreational activities in which participants must be aware of certain risks, including:

• Hunting

• Fishing

• Sport shooting

• Camping

• Hiking

• Picnicking

• Exploring caves

• Rock climbing

• Horseback riding

• Bird watching

• Hang gliding

• Dancing

• Bowling

• Billiards

• Throwing darts

• Water sports

• Weight lifting or fitness training

People who participate in these or other recreational activities have certain responsibilities:

• They must be aware of the limits of their abilities and act within these limits.

• They must pay attention to all safety warnings and instructions that apply to the activities they engage in.

• They must maintain control of themselves, any equipment they are using, or any animals they are working with.

• They must avoid acting in a way that could put themselves or others at risk of injury or death. 

Failure to meet these responsibilities may constitute negligence, and a person may be found to be responsible for injuries experienced by others. Victims may also pursue compensation from other negligent parties, such as property owners who failed to address known hazards or provide warnings about the risks that these hazards presented to visitors.

When participating in recreational activities, a person may accept that there are certain risks. This “assumption of risk” may provide other parties with some protection against liability, and Wisconsin’s contributory negligence laws may apply. This means that a court may determine that due to the known risks involved in certain activities, a person may be partially responsible for their injuries, and the damages they can recover may be reduced by their percentage of fault.

Contact Our Milwaukee, WI Recreational Activity Injury Lawyers

If you have been injured while participating in summer activities, Gimbel, Reilly, Guerin & Brown, LLP, LLP can help you determine whether someone else was responsible. We can work with you to pursue compensation that will address the injuries and damages you have suffered. Contact our Milwaukee personal injury attorneys at 414-271-1440 to get the legal help you need in these situations.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/895/ii/529

https://docs.legis.wisconsin.gov/statutes/statutes/895/i/045