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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 3, 2016
The plaintiff’s complaint was dismissed for failure to provide a liability expert report. The defendant filed an in limine motion to dismiss the plaintiff’s complaint because the plaintiff was unable to establish a standard of care or..., Case Law Alerts, 4th Quarter, October 2016. 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 19, 2016
The plaintiff fell after attempting to mount a mule that walked away. The dismissal was reversed as the claim was not barred. There was a question of fact as to whether the instructor permitted the attempt, knowing that the plaintiff was unable to..., Case Law Alerts, 3rd Quarter, July 2016 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 19, 2016
Although the courts have found open bags of berries to be part of the self-service in grocery stores—which would permit the mode of operation charge to negate the plaintiff having to prove the element of notice—a berry in a retail..., Case Law Alerts, 3rd Quarter, July 2016 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 19, 2016
The plaintiff’s slip and fall on liquid on the concourse area in a casino was due to a patron’s spilling a beverage. Video showed the fall occurring four minutes after the spill. There was no nexus between the beverage spilled and any..., Case Law Alerts, 3rd Quarter, July 2016 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, 2016
A daily golfer at a club suffered severe injuries when he tripped over a chunk of concrete that remained after a sign was removed. Testimony demonstrated the general manager’s knowledge of the condition and that it needed to be addressed...., Case Law Alerts, 2nd Quarter, April 1, 2016 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 April 1, 2016
The plaintiff appealed the granting of the defendant’s summary judgment. Her daughter’s sneaker got caught in a hole on a grassy hill leading to a soccer field. The panel affirmed the summary judgment, finding that the plaintiff failed..., Case Law Alerts, 2nd Quarter, April 1, 2016 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 April 1, 2016
This was the YMCA’s second attempt for summary judgment. The first was based on waiver. This time, the YMCA argued that is was a charitable organization within the Charitable Immunity Act. The court found that, while it was formed for a..., Case Law Alerts, 2nd Quarter, April 1, 2016 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 January 15, 2016
A U.S. judge has ruled that youth soccer players’ suit, alleging that various organizations failed to provide adequate concussion management, failed to state a negligence claim because they did not show a breach of a legal duty or any injury...., Case Law Alerts, 1st Quarter, January 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Law Alerts January 15, 2016
Claims against a raceway for injuries resulting in death from burns were dismissed in part and summary judgment was denied in part. Judge Irenas found that the claim regarding release issues remained as there were triable issues of fact. Summary..., Case Law Alerts, 1st Quarter, January 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Law Alerts January 15, 2016
The dismissal of the plaintiff’s negligence action was reversed when the court found that the plaintiff created a triable issue of fact in signing an affidavit. The defendant argued that the affidavit contradicted her testimony about hitting a..., Case Law Alerts, 1st Quarter, January 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...

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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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