The Timorous May Stay At Home: Third Deparment Decides Interesting Assumption of Risk Issue

Sutton v. E. N.Y. Youth Soccer Ass'n

As Judge Cardozo stated almost nearly 90 years ago, "[T]he timorous may stay at home." The Appellate Division, Third Department recently handed down this interesting decision regarding a spectator's assumption of risk when watching soccer and walking near soccer fields. The plaintiff was hurt when an errant soccer ball hit him in the chest, causing him to be knocked off his feet and to suffer an injured knee. The plaintiff's son was a member of the Latham Circle Soccer Club and his father was a spectator at one of the soccer games; however, the plaintiff was hit not when he was watching his son's game but when he was retrieving some food from a cooler in a tent that was placed behind one of the soccer field's goal posts. This case has an excellent discussion of assumption of risk within the context of sporting activity. The New York Lawyer wrote about the case today.