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8 Sports Facilities & L. 1 (2023-2024)

handle is hein.hackneytwo/spfl0008 and id is 1 raw text is: July-August 2023 • Volume 8, Issue 1 SPORTS FACILITIES How the law affects the sports facilities industry and the LAW Shooting for Par: Teeing Off Against Plaintiffs Who Assume the Risk By John E. Tyrrell, Esq. and Michael E. Rosenthal, Esq., of Ricci Tyrrell Johnson & Grey ew pastimes capture the spirit of leisure and competitive pleasure as distinctly as golf. With vast green fair- ways stretching beneath open blue skies, golf courses have long been sanctuaries for enthusiasts seeking respite from the hustle of everyday life. Yet, in the age of litigation, where lawsuits are becoming as common as bogeys, these havens are increasingly encumbered by legal claims. However, invoking the trustylegaliron of assumption of risk can serve as a shield of defense for golf courses. Fairness and common sense are at the heart of the assumption of the risk doctrine. The recently decided Califor- nia Court of Appeals lawsuit, Wellsfry v. Ocean Colony Partners, LLC, 2023 Cal. App. LEXIS 322* (Ca. Ct. Appeals April 27, 2023) serves as a useful lens through which the doctrine can be analyzed, specifically in the context of golf-related claims. Onasunnyafternoon,WalterWellsfry set out to play a round of golf near the aesthetic coastal bluffs in Half Moon Bay, California - a course which exemplified the American Parklands-style course, with fairways flanked by several species of evergreen trees. Id. at *2. After teeing off at the 14th hole, he allegedly injured himself by tripping on a small tree root See SHOOTING on Page 10 Court: Plaintiff's Experience as Risk Taker Undercut Her Adventure Park By Courtney E. Dunn, of Segal McCambridge aintiffCourtney Barrettwas 34years old when she chose to participate in the Warrior Course at Urban Air Tram- poline and Adventure Park. Ms. Barrett was not new to thrill seeking, boasting an impressive background in cheerleading, athletics, and even prior participation in other trampoline and amusement parks. Based upon her background, it came as no surprise when she testified that she understood the concept that, ifa person is engagedinawarriorcourse-likeadventure where she is hanging, that person can fall Legal Claim at and injure herself. Plaintiffs background in recreational activities coupled with her testimony that she was aware of the inherent risks associated with the Warrior Course created an uphill battle for her negligence claims. Background On November 23, 2018, Plaintiffpartici- pated in the expert lane of the Warrior Course, which entailed holding two grip hang boards and shimmying her way across the course while hanging on to the end of a plank, then propelling her See CLAIM on Page 11 2022 HACKNEY PUBLICATIONS (HACKNEYPUBL Shooting for Par: Teeing Off Against Plaintiffs Who Assume the Risk Court: Plaintiff's Experience as Risk Taker Undercut Her Legal Claim at Adventure Park Can We Legislate Good Behavior During a Sporting Contest? Chicago Cubs Defeat Americans with Disabilities Act Lawsuit Banned: New York's Civil Rights Law Sec. 40-b Can Be a Backstop to Madison Square Garden's Efforts to Ban Adverse Counsel Court Rues that Insurance Company Is Not Obligated to Provide Coverage to Landowner After 'Cowboy Softball' Accident 'YRIGE IONS cOM'