Archive for the ‘Hockey’ Category

Imperfect Storm – Hockey Arena Snow Remover Not Liable for Slip and Fall Injury During Storm (NY)

August 17, 2015

Harvey v. LAZ Parking Ltd. (New York)

A hockey fan slipped and fell on an icy pedestrian area while exiting a hockey arena.  He filed a lawsuit against the city and its snow removal contractor.  The fan’s wife also filed a claim for loss of consortium.  The defendant filed a motion for summary judgment.  The trial court granted the motion, and the plaintiffs appealed.

On appeal, the Appellate Division of the Supreme Court affirmed the trial court decision, holding that the defendants were not liable pursuant to the “storm in progress rule.”  According to the rule, “[a] landowner has no duty to remedy a dangerous condition resulting from a storm while the storm is in progress and has a reasonable amount of time after the storm has ended to take corrective action.”  The defendants relied on plaintiffs’ own testimony that there was precipitation during and after the game, and they also relied on weather data and climatological records establishing the timing of the precipitation.  The evidence was sufficient to demonstrate that the ice was formed by the ongoing weather conditions.  Once established, the burden then shifts to the plaintiff to produce  “admissible evidence that the ice that caused plaintiff’s slip and fall existed prior to the storm in progress, and that defendant[s] had actual or constructive notice of the hazard.”  The Court concluded that the plaintiff’s expert affidavit failed to meet that burden.

Nice Save – Hockey Spectator Take a Puck in the Head; Team and Arena Not Liable (CT)

May 12, 2015

 

Lukacko v. Connecticut Islanders, LLC (Connecticut)

Plaintiff and his wife were spectators at an American Hockey League (“AHL”) game at Webster Bank Arena in Bridgeport, Connecticut.  At some point during the hockey match, a puck left the ice surface, traveled over the tempered glass barrier surrounding the rink, and struck plaintiff, causing a head laceration, scarring and emotional and physical distress.  Plaintiff filed a complaint against the hockey team and the arena operator alleging numerous counts of negligent conduct.

In response. the defendants claimed that the arena had typical protections for fans and patrons of the hockey game, including “plexiglass walls above the dasher boards surrounding the rink and netting placed at either end of the rink, in the most dangerous sections of the Arena in accordance with the approved standards of the [AHL].”  Plaintiff was not sitting at either end of the rink or behind the goals.  The defendants asked the Superior Court to adopt the “limited duty rule” (also referred to as the “baseball rule”), which is different from the general negligence standard.  Under the “limited duty rule,” once the defendant facility “has provided adequately screened seats for all those desiring them, the [facility] owner has fulfilled his duty of care as a matter of law.”  The Court explained that “[t]he limited duty rule holds that the stadium owner/operator is only responsible for screening the spectator seats in the most dangerous section of the field (in baseball, the area behind home plate).”

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Blades of Gory – Hockey Locker Room Injury Inherent in the Sport (NY)

April 22, 2015

Litz v. Clinton Central School District (New York)

Plaintiff sustained an injury in the locker room following a high school hockey practice when a teammate still wearing skates stepped backward on the plaintiff’s bare foot.  Plaintiff filed an action against several defendants, including the school district, the head coach, and the assistant coach.  The school defendants filed a motion for summary judgment, contending that the plaintiff had assumed the risks associated with the sport of hockey, and that the defendant did not owe a duty to protect the plaintiff from those risks.  The New York Supreme Court entered summary judgment for the defendants and dismissed the complaint, and plaintiff appealed.   (more…)