Recreational Liability

G&S Obtains Dismissal of Claim Against YMCA in Locker Room Slip and Fall Case

The Appellate Division, First Department affirmed the Order of the Supreme Court, Bronx County which granted summary judgment to the YMCA in a locker room slip and fall accident. The female plaintiff, who had been in the women’s locker room, with her daughter, for fifteen minutes, without noticing any water on the locker room floor, allegedly slipped and fell on a puddle of water in close proximity to the bench where she had changed into her bathing suit prior to an aqua aerobics class in the YMCA’s indoor pool. Although the YMCA’s female porter, who was responsible for maintaining and inspecting the locker room, was absent from work that day, the YMCA’s male porter ensured that the female staff members continuously checked the locker room floor for water during her absence. The Appellate Division held that the YMCA met its burden of demonstrating lack of notice of the alleged wet…Read More

Little League Baseball Coach Sues 14 Year Old Player on his Own Team For Throwing Helmet

A California Little League baseball coach Alan Beck has sued a 14-year-old he was coaching as well as the child’s parents, alleging that after getting the game-winning hit the boy tossed off his helmet as he was running toward home plate which allegedly struck Beck’s Achilles tendon and tore it. The complaint asks for $500,000 in pain and suffering and $100,000 in lost wages and medical bills and also named the boy’s parents who have reportedly already spent $4,000 defending the action. The case has no merit and is frankly, suspicious. Obviously the child is judgment proof so the case is really against the parents. However, the law is clear, parents are not vicariously liable for the torts of their children absent certain defined exceptions such as if the child was working for the parents or there was some type of agency between them or where the parents encouraged the…Read More