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Amusements, Sports and Recreation Liability

Marshall Dennehey's Amusements, Sports and Recreation Practice Group is nationally recognized.  The firm's clients are involved in virtually every aspect of the broad field of amusements, sports and recreation, from theme parks, water parks, and professional sports teams to small carnivals and local skating centers.
 
Litigators in our practice group have made amusements, sports and recreation a principal focus of their practice for over 20 years.  Our litigators publish and lecture frequently in their areas of concentration and provide commentary in the print and broadcast media on breaking legal stories.  Our involvement in standards development provides us with advance information on emerging standards and legal requirements for our amusement clients.
 
Our litigation defense attorneys are members of industry, trade and professional organizations including the International Association of Amusement Parks and Attractions (IAAPA), the Outdoor Amusement Business Association (OABA), the National Association of Ride Safety Officials (NAARSO), the Ice Skating Institute of America (ISIA), the New Jersey Amusement Association (NJAA), the Pennsylvania Amusement Park Association (PAPA), the World Waterpark Association (WWA), the International Recreational Go-Kart Association (IRGA) and the American Society of Testing and Material (ASTM) F24 Committee on Amusement Rides and Devices.

Many of the lawyers in our group have positions of leadership in the amusement, sports and entertainment industry.

  • Counsel to the New Jersey Amusement Association
  • Member of the IAAPA Government Relations Committee
  • State-licensed soccer coaches
  • Counsel to the International Recreational Go-Kart Association
  • Member of the Risk Management Committee of the Roller Skating Association International
  • Member of the editorial board of Inflatable News Magazine
  • Member of the New Jersey Governor's Commission on Amusement Liability

 
The Amusements, Sports and Recreation Practice Group is unique in many ways that distinguish us from our peers.

  • An important asset to our litigation defense group has been membership in the International Amusement and Leisure Defense Association, Inc. (IALDA), a network of defense counsel and insurance professionals who concentrate their practices in the sports and entertainment field.  IALDA members communicate confidentially regarding expert witnesses and other defense resources throughout the United States and Canada.
  • Our litigators have played an innovative role in the development of national insurance programs in the amusement industry.  Program administrators have relied on our expertise for drafting risk management guidelines, and designing accident investigation and loss control programs.  Most recently, we served as national counsel to the insurance program endorsed by the Roller Skating Association International.
  • Our amusement industry clients have turned to us for advice on compliance with federal and state laws governing the amusement workplace.  We have advised clients on compliance with the Americans With Disabilities Act and developed programs to deal with the problem of sexual harassment in the workplace.

 
A representative sample of our clients is available upon request.
 
The Amusements, Sports and Recreation Practice Group serves clients in Philadelphia, Pittsburgh, Tampa, Orlando, Jacksonville, Fort Lauderdale, and communities throughout Pennsylvania, New Jersey, Delaware, Ohio, Florida and New York.

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May 11, 2017
Obtained summary judgment in a skiing collision case, successfully arguing that the plaintiff assumed the risk of his injury by engaging in the sport of downhill skiing. ​The plaintiff, a ski instructor, claimed that while he was skiing on a lower...
May 11, 2017
Obtained summary judgment on behalf of a New Jersey roller skating arena. The plaintiff made a claim for injuries from a fall, claiming that his rental skate was the wrong size and too old to be in circulation. He claimed the worn leather was...
Apr 21, 2016
Obtained a defense verdict in favor of a major Orlando theme park following a seven-day jury trial. The plaintiff alleged that he slipped and fell on the handle of an unattended dustpan in the bathroom of a park pavilion. He was subsequently...
Jun 10, 2014
Obtained a defense verdict following arbitration in a case involving a spectator injured at a youth baseball game.  While walking toward the snack stand, the plaintiff was struck on the head by the defendant, a seven-year-old baseball player....
Sep 26, 2011
Attorneys' persuaded the District Court of Appeals to affirm summary judgment entered on behalf of the defendant-owner and operator of a motocross track-on a claim that negligent maintenance and design of a jump on the track caused the plaintiff,...
Sep 8, 2011
Attorneys' obtained a dismissal with prejudice in a lawsuit that garnered international media attention and in which plaintiffs made repeated television appearances, including all three network morning shows. Parents brought suit on behalf of their...
May 16, 2011
Attorney recently obtained a defense verdict in favor of a bowling center in a four-day jury trial. Plaintiff alleged she fell due to an unidentified condition on a bowling lane approach supposedly created by regular lane stripping and oiling...
Aug 2, 2010
Attorney obtainied Summary Judgment on behalf of our roller skating rink client. The plaintiff claimed that he was skating in the carpeted locker area when his skate became caught on a portion of the floor where the carpet had peeled away. He fell...
Jun 28, 2010
Attorneys' were successful in their representation of a bike trail. The attorneys' obtained a summary judgment of no liability when the judge ruled that Plaintiff, a chiropractor and recreational trail bike enthusiast, could not recover for injuries...
Jun 14, 2010
Attorney obtained a defense verdict in which Plaintiff fell from a single step at a darkened concert at a ballroom. As a result, she fractured her ankle and shortly thereafter RSD set in. The trial lasted four and a half days and after 30 minutes...

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Law Alerts October 1, 2017
The accident occurred during a high school graduation party being held by a homeowner, who was called away for a work obligation. The homeowner contended that the “house rules” included that no one was to go on the trampoline. The..., Case Law Alerts, 4th Quarter, October 2017 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...
Law Alerts October 1, 2017
A dinner guest’s lawsuit for failure to warn of a dangerous condition was dismissed. The plaintiff alleged that she tripped over the host’s sleeping dog while carrying a wine glass. The wine glass broke, and her finger was imbedded with..., Case Law Alerts, 4th Quarter, October 2017 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...
Law Alerts October 1, 2017
A hay bale lining the course of a crate derby was hit by a crate that had hit a pothole. Summary judgment as to the defendant was upheld. The court found that the plaintiff had insufficient evidence to establish that the police were tasked with..., Case Law Alerts, 4th Quarter, October 2017 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...
Law Alerts July 1, 2017
The plaintiff was injured at a rubber mallet game when the mallet bounced off the strike pad and hit him in the face. A several-count motion for summary judgment was denied as to the striking expert witnesses for his breach of duty opinion. However..., Case Law Alerts, 3rd Quarter, July 2017 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...
Law Alerts July 1, 2017
The trial court ruling that res ipsa loquitur was inapplicable was reversed because expert testimony was required to determine why or how the sprinkler system could turn on. The plaintiff claimed she was injured when a ground-level sprinkler system..., Case Law Alerts, 3rd Quarter, July 2017 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...
Law Alerts July 1, 2017
The plaintiff’s claim, that she fell and hit her head in a fitness class due to running too fast and fell into a wall, was dismissed as Assumption of the Risk by the trial court. The appellate court found the opposite. According to the..., Case Law Alerts, 3rd Quarter, July 2017 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...
Law Alerts April 1, 2017
Summary judgment was affirmed in a claim against a water park for an injury that occurred when a minor came off an inner tube and injured his face and teeth. The court found that the plaintiff failed to establish that coming off an inner tube and..., Case Law Alerts, 2nd Quarter, April 2017 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...
Law Alerts April 1, 2017
In a case decided long before the proliferation of trampoline parks, the Superior Court of Pennsylvania felt it was error to exclude an expert’s testimony simply because the trampoline at the defendant’s home was of a “recreational..., Case Law Alerts, 2nd Quarter, April 2017 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...
Law Alerts April 1, 2017
An exculpatory clause in a membership agreement for a recreational facility, such as a gym, is valid even if the member did not read the agreement before signing it. The court found that the agreement the plaintiff engaged in was a voluntary..., Case Law Alerts, 2nd Quarter, April 2017 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...
Law Alerts April 1, 2017
The mother, who had custody of children, sought to keep the father from his son’s little league games due to inappropriate and public “criticism and disparagement” of the coach’s decisions. The court held that developing..., Case Law Alerts, 2nd Quarter, April 2017 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...

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Mar 12, 2014
This webinar will highlight a new way to review you current park signs, assess their current value, and what to do for facility signage for this upcoming season.  IALDA attorney Lary Zucker will give specific examples of facility signage...
Conference Feb 18, 2015
Attorney Lary Zucker will be speaking at the New Jersey Amusement Association's annual conference in Atlantic City.......the trade show to keep you connected to the amusement industry in the Tri-State Area! 2015 NJAA 20th Annual East Coast...

Chair

Lary I. Zucker
Chair, Amusements, Sports and Recreation Practice Group
(856) 414-6001
lizucker@mdwcg.com

Additional Contacts

Alicia M. Smith
Shareholder
(856) 414-6072
amsmith@mdwcg.com

Related Practice Areas

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