The historic Boston Marathon took place on Monday on what was an unusually hot day, reports The Boston Globe.
And although the winners, Wesley Korir and Sheron Cherop, both Kenyans, finished comfortably in little more than two hours, the recreational runners took considerably longer. And they had to brave the immense heat.
While a legal blog is interested in the winners of a marathon, it also tends to look at the legal issues that might come out in long-distance-running.
One of these is the issue of the inevitable injuries, heat strokes, and medical bills that will come out as a result of recreational runners getting injured in their attempt to keep pace with the professionals.
Will they then be able to sue the Boston Marathon for the costs and injuries they have accrued?
The answer is, probably not, because athletic events, even those open to recreational players, are generally governed by the doctrine of assumption of risk.
Assumption of risk is an affirmative defense that the plaintiff cannot receive compensation for injuries from the defendant because the plaintiff freely and knowingly assumed the risk of injury.
However, it should be noted, plaintiff does not assume the risk of something unexpected related to the activity, such as if one of the rafters at the finish line broke and injured someone. After all, there are certain things that athletic competition promoters are expected to maintain well.
If you have more questions related to injuries from the Boston Marathon or any other athletic event, please see below. The attorneys may also be conversant in the careers of Wesley Korir and Sheron Cherop.