First impression analysis of a minor’s liability for injury caused by game rule violation. Discussion of intent as applicable to minors.

When one child was injured by another child by being struck on the forearm during a recreational lacrosse game, the court adopted a “double-layered” analysis that combined the principles relating to adult sporting activities (knowledge of action outside the rules of the game) and the conduct of minors. The court determined that it must consider both whether the opposing player’s injurious conduct would be actionable if it were committed by an adult, based on sufficient proof of the intent or recklessness, and, if so, whether it would be reasonable in the particular youth sports setting to expect a minor of the same age and characteristics to refrain from the injurious conduct. The court affirmed summary judgment in favor of the defendant.

_{Case Law Alerts, 3rd Quarter, July 2015}

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