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In case involving a ball pit at an amusement park, the judge finds as a matter of law that the plaintiff’s own conduct was the cause of her injury.

April 1, 2018
Osei-Amoako v. Stafford FEC, No. A-5594-15, 2017 N.J. Super. Unpub. LEXIS 3057, at *1 (App. Div. Dec. 12, 2017)

The plaintiff brought suit for injuries sustained when she slipped on a foam ball located on the floor surrounding a ball pit. The court found the attraction of the ball pit is to play in an area overfilled with foam balls; therefore, no reasonable jury could find the defendant breached a duty owed when the plaintiff was injured while participating in the very activity she expected. This ruling brings hope to amusement and leisure facility operators that they can assert and succeed on assumption of the risk defenses. 

 

Case Law Alerts, 2nd Quarter, April 2018

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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