According to reports, the state of New York will settle with a little-known boxer for over $20 million dollars after those involved botched his medical care following a boxing match. The case began in 2013 when two heavyweights went toe-to-toe in a marquee matchup in Madison Square Garden. The problems for the victim began when his opponent smashed his face with a forearm, and it went downhill from there.
The whole fight lasted for 10 rounds, when it was called. The victim was suffering from a broken jaw and severe swelling to his whole head. The problem was that the doctors on site (it is alleged) did not treat him adequately, and even left him to fend for himself to get a taxi to go to the hospital in spite of the fact there was an ambulance just outside the venue.
What resulted was a severe head injury that left the man without many of his normal functions. According to the reports, the victim cannot now put a sentence of words together, and is suffering from brain damage. The settlement he reached with the state of New York will go a long way to ensuring that he gets the proper care going forward.
Assumption of the Risk and Personal Injury
One question you might be asking at this point is how a boxer can sue for the injuries he received at a boxing match. After all, that is what he signed up for. The answer to this question is complicated, and rests in the legal doctrine known as assumption of the risk. Under Georgia law (as any Atlanta personal injury lawyer will explain) when people could have avoided personal injury because they knew about a particular risk, and did not avoid that risk, they are not allowed to recover in a personal injury case.
These cases are often times explained in a scenario where two people choose to race their cars down the street. In this scenario the racing causes one of the drivers to crash and sustain an injury. In that case he would not be able to sue the other racing driver because he knew of the risk when he decided to race cars. Essentially the three elements of assumption of the risk in Georgia are:
- That the plaintiff had actual knowledge of the risk or risks involved;
- Understood the risks involved; and,
- Voluntarily exposed him or herself to those risks.
These three elements make up the Georgia assumption of the risk legal doctrine. To be certain about your specific scenario, it is critical to speak with a qualified Atlanta personal injury lawyer.
Your Personal Injury Attorney Serving Atlanta
If you are injured from the result of another’s negligence, you need to contact a qualified personal injury attorney serving Atlanta. This is particularly true if you think that assumption of the risk is involved in the case. Personal injury cases are complex and require the professional guidance of a qualified attorney. Contact us today at The Angell Law Firm.
(image courtesy of Hermes Rivera)