Several legal liability issues emerged last week with the death of Georgian luger Nodar Kumaritashvili just before the opening of the 2010 Winter Olympic Games.

Some could weigh against game organizers and other parties, such as track designers or resort operators, in potential litigation, experts say. But other factors could provide a defense should, for example, the family of Mr. Kumaritashvili file suit. So far, family members of the 21-year-old reportedly have said they do not plan to sue.

Olympic athletes sign participation agreements that include waivers releasing Olympic organizers and other parties from liability, said David Mair, a former director of risk management for the U.S. Olympic Committee.

Waiver arrangements vary depending on the host county, Mr. Mair said. There may be several waivers for a variety of parties, or a single release “that adds the International Olympic Committee and the Games Organizing Committee and sponsors and everyone that might have a relationship to the parties to be released and protected,” Mr. Mair said.

In addition, athletes typically compete under a “primary assumption of risk” doctrine, said Geoffrey C. Rapp, a sports law expert and an associate professor at the University of Toledo College of Law in Ohio.

Under the legal doctrine, athletes shoulder risks that are inherent in their sport, Mr. Rapp explained.

“The basic claim that you make in a sports participant injury case is something like an ordinary negligence lawsuit,” Mr. Rapp said. “The obstacle that any person injured in recreational or athletic activity, regardless of whether it's you out skiing on a Sunday or someone in Olympic competition, is that the law has the doctrine called assumption of risk.”

But last week, there were reports that Venezuelan luger Werner Hoeger had warned Olympic officials months ago about track safety hazards after he was injured in a crash at the Whistler Sliding Center facility where Mr. Kumaritashvili was killed during a practice run last week.

Sources say the Games Organizing Committee would have liability coverage for such events.

A Boise, Idaho, attorney representing Mr. Hoeger said it would be an insult to the Olympics to prematurely say whether Mr. Hoeger would sue. More information is needed, said Bryan Storer of Storer Injury Lawyers P.L.L.C.

But Mr. Storer said he is investigating and multiple defendants are possible, “whether it be the designer of the luge track or whoever else may be involved (and) whether there are liability issues, that is what we are looking at.”

Warnings that the track was more dangerous than necessary show potential misconduct on the part of the Olympics, Mr. Rapp said. That could reach a legal standard of recklessness, which is greater than negligence.

“Most courts say that recklessness is not covered by assumption of risk,” Mr. Rapp said. “So while (an athlete) may assume the risk of injuries integral to the sport, (they) don't assume the risk of other parties' recklessness.”

Liability waivers may not cover recklessness and a waiver's weight would depend on how courts in various jurisdictions interpret it, Mr. Rapp said.

Such waivers have their limits, agreed Mr. Mair, who is chief operating officer in Phoenix, Md., for China Connection Global Healthcare Inc., a provider of destination health care services. The waivers do not apply in cases involving gross negligence or willful acts by the defendants, said Mr. Mair, who also is a former president of the New York-based Risk & Insurance Management Society Inc.

Reports last week also said the head of Georgia's Olympic Committee rebuked previous statements by Olympics and International Luge Federation officials that the fatal accident was caused by the luger's maneuvers and, perhaps, his experience level.

“The incident with the Georgian athlete, while absolutely tragic, is related to the desire for any sport to push performance to its maximum, and one of the open questions is whether this particular athlete was prepared to perform at that level,” Mr. Mair said.