Amusements, Sports & Recreation Liability

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Marshall Dennehey's Amusements, Sports & 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 including theme parks, water parks, and professional sports teams to small carnivals local skating centers, fitness centers, camps, trampoline courts, climbing walls, and zip lines.
 
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 Attraction 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 & recreation 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 New Jersey Governor's Commission on Amusement Liability

 
The Amusements, Sports & 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.

We would welcome the opportunity to work with you in handling your Amusement, Sports & Recreation litigation and we are available to give presentations or conduct training seminars on general liability topics. We provide our clients with the highest level of services in the most cost-efficient and predictable manner possible.

Smith_Alicia
Alicia M. Caridi, Co-chair
Zucker_Lary
Lary I. Zucker, Co-chair
Mazzolla_Sara
Sara W. Mazzolla,
Additional contact

Appellate Court Affirmed Trial Court’s Decision to Grant Summary Judgment to Defendants as to Plaintiff’s Theories of Liability Under New Jersey’s Title 59 and Private Negligence.

Roseland
Amusements, Sports & Recreation Liability
The plaintiff was “going for a double” in a men’s softball game when he fractured his ankle as he attempted to slide to second base and his cleated foot caught in a six-foot ripped seam and divot in the artificial turf. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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11th Circuit Court of Appeals Vacates Ruling Against Plaintiff in Amusement Park Discrimination Case

Roseland
Amusements, Sports & Recreation Liability
In this case, the plaintiff argued that the amusement park imposed discriminatory eligibility criterion, in violation of the ADA, when it refused to permit him to ride on the Krakatau Aqua Coaster as he presented with only one hand, but no prosthe Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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The stand-alone, small link to the Terms and Conditions page of defendant’s website did not suffice to waive the plaintiff’s constitutional rights.

Roseland
Amusements, Sports & Recreation Liability
The plaintiff signed a membership agreement that did not contain an arbitration provision. The defendant gym’s website contained a small link to its Terms and Conditions, which contained an arbitration clause. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Defense Sends Personal Injury Lawsuit Down Amusement Park’s Lazy River

Amusements, Sports & Recreation Liability

Our attorneys obtained summary judgment relief on behalf of an amusements park in a lawsuit for alleged personal injury sustained at the park’s lazy river attraction. The plaintiff and his family were business invitees at our client’s amusement and water park. The plaintiff alleged he sustained injury when he attempted to board an inner tube on the lazy river attraction, which was staffed by certified lifeguards.

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Defense knocks-out plaintiff

Amusements, Sports & Recreation Liability

We obtained summary judgment on behalf of a boxing gym. ​The plaintiff, a seasoned boxing coach, claimed to have been injured when he fell out of a boxing ring during a sparring match at the defendant’s gym. The plaintiff asserted that while standing on the apron with his back to the ring, he was struck by one of the fighters and propelled out and onto the floor.

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Defense Skates by Plaintiff's Injury Claim

Amusements, Sports & Recreation Liability

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 insufficiently “stiff” to support his ankle. The court dismissed the case, finding that the plaintiff failed to have an expert to support his position. 

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Plaintiff's Ski Collision Claim Goes Downhill

Amusements, Sports & Recreation Liability

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 trail, our client was recklessly skiing at an excessive speed down an upper trail when the two collided. There was no evidence that our client was skiing recklessly or speeding just prior to the collision.

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Defense Verdict in Theme Park Slip-and-Fall

Amusements, Sports & Recreation Liability

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 diagnosed with avascular necrosis of the right hip, permanent back pain, and memory problems from post-concussion syndrome. A core decompression surgery was performed on his right hip but failed to alleviate his pain.

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News

Events

Aug 29,
2023

Sk8Expo 2023

10:15AM
Clearwater
FL
Attorneys Lary Zucker and Alicia Caridi are speaking at the R
More Info