Can I Sue an Axe Throwing Venue for Injury?
Over the past ten or so years, axe throwing has become increasingly popular, both as a fun recreational activity and even as a competitive sport. Axes are, of course, dangerous and can hurt people if not handled properly. Sadly, axes being hurled at targets for fun, sometimes in bars or other drinking establishments, are not always handled safely or with care, and people get seriously injured at axe venues all the time. In any instance where someone gets hurt, they may be thinking about suing those responsible for their injuries, and it very well may be the axe-throwing venue’s fault that you got hurt.
Whether you can use an axe-throwing venue for an injury you got there will depend on the facts and circumstances of your case. If the injury stems from the venue’s negligence in one way or another, you can probably sue them. However, there are also some things that may prevent you from suing a venue, like a waiver that releases the venue from liability for certain kinds of injuries. The only way to be certain of whether you can sue or not in your particular situation is to bring your case to a legal professional.
To get assistance with your case, call our personal injury attorneys from the Law Office of John J. Sheehan by dialing (617) 925-6407.
Can Axe Throwing Venues Be Sued if You Get Hurt at One?
Whether you are going to be able to sue an axe-throwing venue for injuries sustained there is going to depend on the facts and circumstances of your case. Like with any civil claim for personal injury, a successful case must prove the defendant was negligent – or careless – and the defendant’s negligent conduct led to your injuries. Our personal injury attorneys generally do this by establishing that the defendant had an obligation to be careful, failed to uphold that obligation, and, as a result, you got hurt. In the case of axe-throwing venues, the venue must – among other things – ensure that axes are handled in a safe and controlled manner. If they do not do this, people could get hurt, and the venue may be liable for your injuries.
How Do People Get Hurt at Axe Throwing Venues?
There are several ways that people can get hurt at axe-throwing venues. While the first thing that comes to mind is obviously getting injured by an axe, there are also other ways that you may get hurt at an axe-throwing venue.
Axe-Related Injuries
If you got hurt at an axe-throwing venue, there is a good chance that you got hurt by someone mishandling an axe. Axe wounds are incredibly serious and require emergency medical care. Many axe-throwing injuries are caused by some form of negligence. This could take a couple of different forms.
For example, if staff at the venue are not properly supervising patrons and one of those patrons mishandles an axe and hurts you, the venue could be liable for your injuries – and that patron might be, too. One way this could happen is if a patron is too intoxicated to be handling an axe. Many axe-throwing venues are inside bars or serve alcohol to patrons, so there is a real possibility that a drunk person could end up with an axe in their hand if the staff does not properly do their job.
Axe-throwing injuries can also happen if the throwing lanes themselves are not constructed of proper materials. Generally, these lanes and targets are made of wood so that the axe will stick to the target. If the target or lanes are made of a different material, the axe is more likely to not stick and, consequently, bounce around, potentially hitting and injuring someone.
Non-Axe-Related Injuries
Of course, there are other ways you can get hurt at an axe-throwing venue that do not involve axes. For example, these venues have a legal obligation to keep things safe for people who may come and go from it. This includes not just axe-related safety but all the other general safety-minded things that a venue must do. For example, many axe-throwing venues are linked to bars and other places that sell alcohol and other drinks. If someone spills a drink and you then slip on the spill and hurt yourself, the venue may be liable for your injuries if they did not take steps to remedy that slipping hazard.
What If I Signed a Waiver and Got Hurt at an Axe Throwing Venue?
Some prospective plaintiffs may be dissuaded from looking into suing for their injuries if they signed a waiver. A waiver is a contract where one party gets rid of their right to sue the other for certain injuries. The legal idea behind this is something called “assumption of risk,” which is exactly what it sounds like. When you sign, you are assuming responsibility for participating in a risky activity where you may get hurt. People sign waivers for all sorts of things. You’ve probably signed a waiver if you went skiing, shooting, or indeed to an axe-throwing venue. The question, then, is whether that waiver has any legal force behind it.
In many cases, a waiver will be unenforceable if it does not have the proper language to make it a clear release of liability. You cannot typically be held to a contract – such as a waiver – that is ambiguous or that has fine print that you cannot even read. There are multiple ways to attack the liability waiver, with arguments about the language being some of the strongest.
Whether a waiver is going to have force and effect on your claim is going to depend on the laws of your state, the wording of the waiver, and the unique facts and circumstances of your claim. Some states declare most of these “assumption of risk” waivers effectively dead on arrival – they have no force or effect. Other states will allow these waivers, and yet other states will determine whether a waiver is effective on a case-by-case basis. We can help walk you through your state’s laws to figure out the best course of action for your situation.
Contact Our Personal Injury Lawyers and Talk About Your Claim Today
The Law Office of John J. Sheehan has Canton, MA personal injury lawyers ready to start assisting you with your case when you call our office at (617) 925-6407.