14 THE COURIER SUN • FEBRUARY 16, 2017 FOR BREAKING NEWS VISIT www.qns.com Legally Speaking By: Scott Baron, Attorney at Law ACCIDENTS IN SPORTS Q: Tom is a member of the high school varsity softball team. When Tom slid into home plate, his left foot got stuck in the mud. It had rained heavily the day before the game. Tom had seen the mud area prior to the accident. While playing basketball at the gym, Dick ran at a fast pace and jumped to block a lay-up. As he did so, his right arm went through – and shattered – a pane of glass in one of the entrance doors. It was situated nearby the baseline. Harriette was conducting a personal training session. A swimmer in the same lane struck the back of Harriette’s knee with his foot – while turning to head in the opposite direction. Toni’s school offers voluntary extracurricular athletic activities. While roller skating, Toni lost her balance and fell. At a fitness center, Tina was participating in a first step-aerobics class. Underneath her step platform, there were far more risers than Tina would have imagined. Tina lost her footing and fell. A:Pursuant to the doctrine of primary assumption of risk, a voluntary participant in a sporting event consents to those commonly appreciated risks that are inherent in and arise out of the nature of the sport generally and flow from such participation. The doctrine is based on the principle that athletic and recreational activities possess enormous social value, even though they involve significantly heightened risks. Although an entity sponsoring a sporting activity is under a duty of ordinary reasonable care – to protect the participant from an unusual, concealed or unreasonably augmented risk – the participant assumes the obvious and inherent risks. Tina appears to have a strong case, and Dick’s case may well be strong. In all these cases, the victim should consult an attorney. Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel This article shall not be construed as legal advice. Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Avenue, Yonkers, NY 10710(718) 738-9800, (914) 337-9800, 1-866-927-4878 Your Partner in the Struggle For Justice JOHN J. CIAFONE, ESQ. Admitted in NY NJ and Washington DC Honoring 2017 “Chefs of the Year” Brian Rooney Regional Vice President, Mutual of America Msgr. Jamie J. Gigantiello Pastor, Our Lady of Mount Carmel, Williamsburg Chef & Host of Breaking Bread With Special Guest Lisa Mateo Pix-11 News—Host of Celebrity Taste Makers Special Thanks To Our Sponsors Evening of Fine Food TUESDAY, FEBRUARY 28, 2017 6:30 PM-TERRACE ON THE PARK Flushing Meadows-Corona Park Tickets $135—Journal Ads Available FOR RESERVATIONS CALL: 718-380-3000, Ext. 324 OR REGISTER ONLINE https://finefood2017.eventbrite.com www.queenscp.org Facebook.com/QueensCP MILLION DOLLAR ADVOCATES FORUM THE TOP TRIAL LAWYERS IN AMERICA TM Attorney At Law 25-59 Steinway Street Astoria, NY 11103 718-278-3900 johnjciafone@yahoo.com Voted Best Attorney from
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