Archive for the ‘Birthday Party’ Category

Short Ride – Minor Child Falls From Horse During Birth Party; Statutory Immunity Applies (AL)

June 19, 2015

Estes v. Stepping Stone Farm, LLC (Alabama)

A four year old child attended a birthday party that included equestrian activities.  She fell from a horse during the party and was injured.  Her father filed a lawsuit against the equine center, the center’s owner, and the center’s employees, alleging claims of negligence, wantonness, and negligent failure to train or supervise.  The defendants filed a motion for summary judgment citing the Alabama Equine Activities Liability Protection Act (“Act”), which limits the civil liability of those involved with equine activities as it pertains to risks inherent in the activities.  The trial court granted the motion, and the plaintiff appealed.
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Wipeout – Sledding Spectator at Birthday Party Assumed risk of Bring Struck (NY)

June 8, 2015

Photo by Tony Fischer (no changes made)

 

Savage v. Brown (New York)

The plaintiff was one of about 15 guests invited to a birthday party held for defendant Tracy Brown (“Tracy”).  The guests were invited to participate in snow sledding at the party.  Plaintiff was standing on the side of the hill watching other attendees sledding when she was struck by a sled carrying Tracy and another guest.  Plaintiff sued Tracy, Tracy’s mother, and the property owner for negligence.  The defendants moved for summary judgment based on the doctrine of assumption of the risk.  Alternatively, the property owner contended that it was entitled to protection of the state’s recreational immunity statute.

The trial court denied the defendants’ motions, and the defendants appealed.  The Appellate Division of the Supreme Court reversed the trial court decisions and entered judgment in favor of the defendants.  The Court compared the plaintiff to a spectator at other sporting activities who assume the risk of being struck, such as a spectator at a baseball game.  The Court concluded that by standing on the side of the hill while watching other people sledding, plaintiff assumed the risk of being struck by a sled.”  Plaintiff testified that she knew the sleds were moving very fast, and she had “observed someone else at the party lose control of her sled and crash into a snow bank, and she saw a sled strike another person.”  Plaintiff’s only argument was that “she did not assume the risk of being struck by a sled because she was standing off to the side of the hill in an area where sleds were unlikely to go.”  However, the Court noted that the evidence showed that the sled turned at the very end of the run and that plaintiff did not have any time to react to it.

In light of the Court’s decision based on assumption of risk, the Court noted that it need not address the applicability of the recreational immunity statute.

Feeling the Heat – Kids Gym Did Not Cause Burn Injury to Grandmother (NY)

June 1, 2015

Riccio v. Kid Fit, Inc. (New York)

It’s all fun and games until someone gets burned.  The plaintiff was attending her grandson’s birthday party at a kids gym facility.  She attempted to carry a chafing tray from a table to a nearby sink, and she was burned by the lit sterno cannister.  Plaintiff filed an action against the gym facility, and the defendant filed a motion for summary judgment, which was granted by the trial court.

Plaintiff appealed, but the decision was affirmed by the Appellate Division of the Supreme Court.  First, the Court disagreed with the defendant concerning the application of the doctrine of primary assumption of risk.  The Court explained that the doctrine did not apply because “the plaintiff was not involved in a sporting event or a recreational activity when she allegedly was injured.”  Nonetheless, the Court affirmed the decision based on causation.

The Court noted that “[a]lthough the issue of proximate cause is generally for the jury, liability may not be imposed upon a party who merely furnishes the condition or occasion for the occurrence of the event but is not one of its causes.”  The employees of the defendant had “inadvertently disposed of the caps to the sterno cannisters prior to the accident,” but that “merely furnished the occasion for the accident, and any alleged negligence by the defendant did not proximately cause the accident.”  In conclusion, “[t]he plaintiff’s actions in carrying the lit sterno cannister so close to her body superseded the defendants’ conduct and terminated the defendants’ liability for her injuries.”