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, 2^nd Quarter, April 2018}

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