Another Day, Another Lawsuit About Injuries Suffered At A Gym (Another Reason For Me Not To Go To The Gym)

by:  Peter J. Gallagher (@pjsgallagher) (LinkedIn)

Weight lifters (pd)
I have written about the enforceability of waivers in health club membership agreements before, including just last week. Now the Appellate Decision has issued another decision on this same topic, Crossing-Lyons v. Town Sports International, Inc., which nicely illustrates the types of injuries that are covered by these agreements and those that are not.

First, a little background. The two seminal cases on this issue are Stelluti v. Casapenn and Walters v. YMCA , both of which I have written about before.

In Stelluti, plaintiff was injured when the handlebars of her stationary bike dislodged and caused her to fall during a spin class. The New Jersey Supreme Court held that these injuries were covered under the broad release in plaintiff's membership agreement. It reasoned that exercising entails vigorous physical exertion (depending, of course, on the person exercising – I am not sure my time on the stationary bike this morning was terribly vigorous), and that the member assumes some risks — faulty equipment, improper use of equipment, inadequate instruction, inexperience, poor physical condition of the user, or excessive exertion — as a result. While a health club must maintain its premises in a condition safe from known or discoverable defects, it need not ensure the safety of members who voluntarily assume some risk by engaging in strenuous physical activities that have a potential to result in injuries.  

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We’ve Come A Long Way From Orange Slices At Halftime! Court Rejects Lawsuit Over Injury During Youth Soccer Match

 by:  Peter J. Gallagher (@pjsgallagher) (LinkedIn)

 

Yellow card (pd)

If you thought that the yellow card that your child got at his or her soccer match (undeserved though I am sure it was) could never land you in court, you were wrong. In G.C. v. New Jersey Youth Soccer, the parents of a child who received a yellow card were sued by the parents of a child who was injured on the play that resulted in the yellow card. Here is how the Appellate Division described the play:

During the last two minutes of a close soccer match, twelve-year old [plaintiff] was dribbling the ball to take a shot at the goal . . . [Defendant] was trying to catch up with him and take the ball away. There was excitement as the game was close and time was running out. [Plaintiff] made a move for the ball, but he didn't have control of himself as he did and managed to catch the plaintiff after the shot went off.

The play resulted in a knee injury to plaintiff and a yellow card being issued to defendant because, according to the referee, he "contacted [plaintiff] in a manner that didn't confirm with normal level of play."

It also resulted in a lawsuit being filed by plaintiff's parents, on his behalf, against a number of parties, including the other child, several individuals, and various soccer clubs and associations. Plaintiff alleged negligence and reckless and intentional conduct on the part of all defendants. After discovery, each defendant moved for, and was granted, summary judgment. Plaintiff only appealed the grant of summary judgment to the other child.

Continue reading “We’ve Come A Long Way From Orange Slices At Halftime! Court Rejects Lawsuit Over Injury During Youth Soccer Match”

Not Quite “Lord of the Flies.” New Jersey Court Rules on Liability For Injuries To Minors During Sporting Events

by:  Peter J. Gallagher (@pjsgallagher)

When I was around ten-years-old, I showed up for soccer practice a little late and found an ambulance at the field waiting to take one of my teammates to the hospital. He and another one of my teammates collided while both were going after the ball and one of them broke his leg. As far as I know, no lawsuit was ever filed. Earlier this week, the Appellate Division issued its opinion in C.J.R. v. G.A., and established the standard that might have applied had my teammates (or their parents) been a little more litigious.

    In C.J.R., the Medford youth lacrosse team was playing the Marlton youth lacrosse team. In the waning seconds of the game, with Medford ahead by one goal, plaintiff, a member of the Medford team, had the “ball nestled in the basket of his stick” when defendant, a player on the Marlton team, struck him in the forearm. The blow knocked plaintiff to the ground. He was later taken to a hospital and treated for a fractured arm. Plaintiff’s father sued both defendant and defendant’s father (the latter for negligent supervision). The trial court granted summary judgment to both defendants and plaintiff appealed, but only as to the dismissal of his claims against the child.

 

 

Continue reading “Not Quite “Lord of the Flies.” New Jersey Court Rules on Liability For Injuries To Minors During Sporting Events”