Perhaps the term “dance club” is a misnomer here; we’re really talking about moshing (also called slam dancing) which is an informal term referring to dancing to music in a violent manner by jumping up and down and deliberately colliding with others. Sounds like a sure-fire way to get hurt and that’s just what happened in two cases that have… Continue Reading
Category Archives: Assumption of the Risk
Subscribe to Assumption of the Risk RSS FeedFoul Ball Plaintiff Can’t See that the Game is Over; Another Appeal this Week. Will Sanctions be Ordered for Frivolous Appeal?
Posted in Assumption of the RiskI know I was a bit steamed last week when I took sides against a plaintiff and her lawyers for suing seven different parties after she was hit by a foul ball at a Hudson Valley Renegades minor league baseball game while seated in a left field picnic area in the stadium. Here, I suggested… Continue Reading
Lawsuit Literally Out of Left Field – NY Appeals Court Tosses Another Foul Ball Injury Case
Posted in Assumption of the RiskIt’s got to stop at some point. Some "fans" are trying to ruin our national pastime – the game of baseball. Spectator lawsuits have been going on for quite some time, as we discussed just last week, here. Now, there’s a brand new case and I’ll tell you all about it. Look, I’m a trial… Continue Reading
Assumption of Risk Doctrine Bars New York Sports Injury Lawsuits – Part 2 (Baseball)
Posted in Assumption of the RiskNew York courts have long held that people taking part in a sport or recreational activity are deemed to consent to those commonly appreciated risks or injuries that are inherent in and arise out of the nature of the sport generally. In other words, most sports injury cases will be dismissed because of the doctrine… Continue Reading
Assumption of Risk Doctrine Bars New York Sports Injury Lawsuits – Part 1
Posted in Assumption of the Risk"School’s Open" say the signs all over the roadways every September. "Drive Carefully," they say. Perhaps they should also say "Play Carefully." Every year, students at schools get injured in sporting events and every year their parents start lawsuits for them. More and more, though, these cases are dismissed by trial judges without even proceeding… Continue Reading
Thrill Seeking Skydiver’s Parachute Fails to Open, Instructor Saves Her, She Sues for Two Broken Fingers
Posted in Assumption of the RiskYou can’t make this stuff up. On July 12, 2003, Lisa Nutley sought to celebrate her birthday with the thrill of her life – a recreational parachute jump. So, she drove to SkyDive the Ranch (web site here), a skydiving facility in Gardiner, New York that’s been in business for over 30 years. As this… Continue Reading
New York Injury Cases Against Schools Dismissed – No Liability When Sudents Hurt in Fights on School Grounds
Posted in Assumption of the RiskParents are always telling their kids before they go off to school: study hard, obey the teachers and behave. Good advice, of course. But what happens when the little darlings do misbehave? When they fight with other schoolkids? And serious injuries result? Why, the parents "lawyer up" and sue the school district, naturally! But these… Continue Reading
Newest Ruling in Golf Course Cases – Plaintiff Hit in Eye by Errant Shot Loses Vision and Case
Posted in Assumption of the Risk, Eye and Vision Injuries, Surprising Damage VerdictsWill New York become a haven for lousy golfers? That’s a possibility given an appeals court ruling last week in the case of two (theretofore) friends and golfing buddies who took to the course on October 19, 2002. One of their threesome got hit in the eye by an errant golf shot from another in the… Continue Reading
Unusual Sports Related Injury Case Plaintiffs Failing to Win Damages
Posted in Assumption of the Risk, Knee Injuries, Neck InjuriesIn several unusual sports related cases around the country recently, injured plaintiffs have failed to win any damages. If we count "slam dancing" as a sport then the score is no wins, two losses and two ties (to be broken by trials down the road). Loss #1: In Fry v. Jolly Roger Rides, Inc. a… Continue Reading