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Assumption of Risk vs. Negligence

Montana law is clear: when you play sports, you accept the inherent risks that come with the activity. Under Montana Code Annotated §27-1-753, participants are legally responsible for injuries that result from the normal, expected risks of their sport, whether that’s a collision on the football field, a twisted ankle on the basketball court, or a fall on the ski slope.

But that doesn’t mean every injury is excused. The law also makes clear that negligence is different. Providers including schools, leagues, gyms, and event organizers may still be liable when an injury happens because of:

·        Unsafe facilities (poorly maintained fields, gyms, or stadiums)

·        Defective or outdated equipment (helmets, pads, gym machines, ski bindings)

·        Ignored safety protocols (failing to follow concussion procedures or provide medical care)

·        Negligent supervision or coaching (putting athletes at risk unnecessarily)

In short, you can’t sue for the risk you signed up for, but you can when negligence is involved.

Prevention Is Better Than Litigation

While our firm stands ready to help injured athletes, we believe the best outcome is fewer injuries in the first place. The law doesn’t require schools, leagues, or gyms to remove every risk, but it does require reasonable care. That means:

·        Updating helmets, pads, and safety gear regularly.

·        Inspecting fields, courts, and facilities for hazards.

·        Training coaches, referees, and staff on safety rules.

·        Keeping emergency plans and medical resources on hand.

When these simple steps are ignored, negligence claims arise. But when they’re taken seriously, injuries can often be prevented before they ever reach a courtroom.

Keeping Montana Athletes Safe

Protecting athletes is a shared responsibility. Everyone plays a role:

·        Parents: Learn the signs of concussions, and don’t be afraid to ask about your child’s safety gear or coaching protocols.

·        Schools & Leagues: Maintain facilities, enforce rules, and keep equipment current.

·        Athletes: Speak up about unsafe conditions and don’t ignore injuries.

Montana law even recognizes that equipment failures, from defective helmets to poorly maintained gym machines, are separate from “inherent risks” and may create liability for manufacturers or providers. That’s an important protection for athletes at every level.

Conclusion

At Ryan, Miller & Coburn, we know sports injuries are more than just broken bones, they can mean long recovery times, lost seasons, and lasting health effects. While Montana law limits liability for ordinary risks, it also holds providers accountable for negligence and unsafe practices.

If you or your child has been injured in a sports or recreational activity, don’t assume you’re out of options. Contact us today to discuss your situation and learn whether negligence may be to blame.

Together, we can fight for accountability, and work toward a safer future for Montana athletes.

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