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.
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.