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The heightened reckless standard to prove liability against participants in recreational sport activities also applies to recreational sport practice. Whether an individual acted recklessly is a question of fact to be determined by the fact finder.

April 1, 2018
Spataro v. Steakmaster, Inc., No. A-0711-16, 2018 N.J. Super. Unpub. LEXIS 317, at *9, 12-13 (App. Div. Feb. 9, 2018)

The plaintiff brought suit for injuries sustained when he was struck in the face by a golf club while watching a demonstration on how to hit a golf ball. The court reversed the trial judge’s granting of summary judgment in the defendant’s favor, determining that, although a reckless standard would apply, a fact finder should determine whether an individual swinging a golf club without first observing his surrounding is reckless conduct. This ruling makes it more difficult for a recreational or leisure facility to obtain summary judgment on a factual basis, even when the standard is heighted well above negligence.

 

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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