Sports Injuries

Plaintiff Hurt In A Pickup Game Found To Have Assumed The Risk Of Injury (NY)

In Lungen v. Harbors Haverstraw Homeowners Assn., Inc., the New York Appellate Division, Second Department, addressed whether a plaintiff injured while playing in a basketball “pickup” game assumed the risk of his injuries. Plaintiff alleged to have fallen when he slipped on condensation on the floor of a gym. The defendants moved for summary judgment on the grounds that plaintiff had assumed...Read More

Injury During High School Soccer Tournament Covered Under Charitable Immunity Act

The Appellate Division recently analyzed whether a sporting event was “promoting” a charitable or educational objective of Kean University to afford immunity for Kean under the Charitable Immunity Act. Fisher v. Kean University, 2022 WL 906582 (App. Div. 2022). In this case, a plaintiff who was competing in a high school soccer tournament hosted by Kean was injured after tripping and falling...Read More

Heads up! NJ Appellate Division Holds That An Injured Plaintiff Need Not Establish Reckless Conduct On The Part Of Her Field Hockey Coach (NJ)

A recent decision from the New Jersey Appellate Division held that a student-athlete does not have to prove reckless conduct on the part of her coach to sue the coach and the board of education. See Dennehy v. East Windsor Regional Board of Education. In this instant case, the girls’ field hockey team were performing corner drills while the other members of the team were observing the drills...Read More

Slippery When Wet: Defendant Fails to Gain Summary Judgment Because Water Did Not Come From Pool but Leaky Pipes (NY)

In O’Brien v. Asphalt Green, Inc., the plaintiff allegedly was injured when she slipped and fell on a wet condition on the pool deck at an indoor swimming facility, which was operated by the defendant, Asphalt Green, Inc. The defendant moved for summary judgment dismissing the complaint, contending that the plaintiff assumed the risk, and that it cannot be held liable for the...Read More

It’s Just Part of the Game: Plaintiff Assumes Risk with Collision at Third (NY)

In Infant v. Loisaida Inc, plaintiff, a thirteen-year-old, was injured when, as he was fielding at third base in a baseball game, a baserunner slid into the base and collided with his left shin. Infant plaintiff brought suit alleging negligence of the league for his injuries. Defendants argued that the plaintiff assumed the risk, as he had played baseball for seven years. The lower court...Read More

No Joy In Mudville: Plaintiff’s Case Strikes Out (NY)

In Chiaramonte v. Town of Smithtown, plaintiff was playing in a charity softball tournament sponsored by the defendants when she slipped on a muddy surface of one of the fields running from second to third base, allegedly injuring herself. The plaintiff subsequently commenced the instant action to recover damages for personal injuries against the defendants, alleging that they were negligent...Read More

Take Me Out To The Muddy Ballgame (NY)

This week, we bring you a slip and fall involving a softball game in Smithtown, NY. In Chiaramonte v. Town of Smithtown, 2021 NY Slip Op 01244 (2d Dept. 2021), defendants were granted summary judgment dismissal of all claims for a plaintiff who slipped and fell on muddy field conditions while she was playing a charity softball game organized by defendants. The defendants won dismissal by...Read More

Baseball Player Used Eye As Catcher’s Mitt, Assumed The Risk (NY)

In Grady v Chenango Valley Central School District, Plaintiff, then a high school senior and member of the Chenango Valley High School boys’ varsity baseball team, sustained permanent injuries to his right eye after being struck in the head by a baseball during a combined varsity and junior varsity outdoor baseball practice. Plaintiff commenced this action alleging that his injuries were...Read More

Watch Your Feet: Plaintiff Assumed Risk When Kicked In Head By Fellow Dancer (NY)

In Spruck v. Pollack and Academy of Dance Arts, plaintiff was allegedly injured while participating in a dance program run by defendants. During a rehearsal for a dance recital, plaintiff was participating in a choreographed dance when another dancer was spinning with her leg in the air and the other dancer’s foot came into contact with plaintiff’s head. Plaintiff continued with the...Read More

Sheaf Happens: Spectator Loses Due To Assumption Of Risk At Sheaf Tossing Competition (NY)

The sheaf toss is a traditional Scottish agricultural sport event originally contested at country fairs. A pitchfork is used to hurl a burlap bag stuffed with straw over a horizontal bar above the competitor’s head. Three chances are given to each competitor to cleanly go over the bar, without touching it. After all challengers have made their attempts, the bar is raised and all...Read More