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Amusements, Sports & Recreation Liability

Marshall Dennehey's Amusements, Sports & Recreation Practice is nationally recognized. The firm's clients are involved in virtually every aspect of the broad field of amusements, sports and recreation including theme parks, water parks, and professional sports teams to small carnivals local skating centers, fitness centers, camps, trampoline courts, climbing walls, and zip lines.

Litigators in our practice group have made amusements, sports and recreation a principal focus of their practice for over 20 years. Our litigators publish and lecture frequently in their areas of concentration and provide commentary in the print and broadcast media on breaking legal stories. Our involvement in standards development provides us with advance information on emerging standards and legal requirements for our amusement clients.

Our litigation defense attorneys are members of industry, trade and professional organizations including the International Association of Amusement Parks and Attractions (IAAPA), the Outdoor Amusement Business Association (OABA), the National Association of Ride Safety Officials (NAARSO), United States Figure Skating (USFS), the Pennsylvania Amusement Park Association (PAPA), the World Waterpark Association (WWA), the International Recreational Go-Kart Association (IRGA) and the American Society of Testing and Material (ASTM) F24 Committee on Amusement Rides and Devices.

Many of the lawyers in our group have positions of leadership in the amusement, sports & recreation industry.

  • Counsel to the New Jersey Amusement Association
  • Member of the IAAPA Government Relations Committee
  • State-licensed soccer coaches
  • Counsel to the International Recreational Go-Kart Association
  • Member of the Risk Management Committee of the Roller-Skating Association International
  • Member of the New Jersey Governor's Commission on Amusement Liability

The Amusements, Sports & Recreation Practice is unique in many ways that distinguish us from our peers.

  • An important asset to our litigation defense group has been membership in the International Amusement and Leisure Defense Association, Inc. (IALDA), a network of defense counsel and insurance professionals who concentrate their practices in the sports and entertainment field. IALDA members communicate confidentially regarding expert witnesses and other defense resources throughout the United States and Canada.
  • Our litigators have played an innovative role in the development of national insurance programs in the amusement industry. Program administrators have relied on our expertise for drafting risk management guidelines and designing accident investigation and loss control programs. Most recently, we served as national counsel to the insurance program endorsed by the Roller Skating Association International.
  • Our amusement industry clients have turned to us for advice on compliance with federal and state laws governing the amusement workplace. We have advised clients on compliance with the Americans With Disabilities Act and developed programs to deal with the problem of sexual harassment in the workplace.

Results

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Summary Judgment Secured in a Case Involving a Trampoline Park Injury

We obtained summary judgment in a lawsuit arising from an injury suffered at an indoor trampoline park. During the deposition, the plaintiff admitted that there are inherent risks of engaging in trampoline activities, including the risk of being injured. Under the no-duty rule, a defendant owes no duty of care to warn, protect, or insure against risks which are common, frequent, expected and inherent in an activity. In the motion for summary judgment, it was argued that a trampoline park has no duty to protect patrons from the inherent risks of injury when jumping from a trampoline. The court opined that the no-duty rule was implicated and granted summary judgment in favor of all defendants.

Dismissal of All Claims Secured in a Personal Injury Action in New Jersey

We secured dismissal of all claims, with prejudice, in a personal injury action on behalf of a nonprofit organization operating youth baseball leagues in New Jersey. The plaintiffs sought to hold our client liable under a negligence theory after their minor child was injured while participating in our client’s recreational baseball league. We moved for summary judgment, arguing that the league was a nonprofit organization entitled to protection under New Jersey’s Charitable Immunity Act, which shields nonprofits from ordinary negligence. In opposition, the plaintiffs attempted to avoid dismissal by challenging the league’s nonprofit status, claiming the minor’s age created an exception to the Act. Through targeted arguments and documents evidencing the league’s nonprofit status, the court agreed that the Charitable Immunity Act applied and that the plaintiffs failed to show gross negligence to overcome the Act’s protections. The court granted the league’s motion for summary judgment in its entirety and further agreed with our arguments that the volunteer coaches were independently shielded under New Jersey’s Volunteer-Coach Immunity. 

Thought Leadership

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Arbitration Near and Far: Fla.’s Fifth District Court of Appeal Issues Guidance for Arbitration Scope Disputes

December 3, 2025

In Urban Air Jacksonville v. Hinton, Florida’s Fifth District Court of Appeal clarified the standard for determining the scope of an arbitration agreement in a dispute over whether activity was related or unrelated to an overall contractual agreement.

Case Law Alerts

Property Owner Not Liable for Injuries Caused by Unforeseeable Third-Party Vehicle Misconduct

October 1, 2025

The plaintiff, Jarvis Coleman, attended an event hosted by Via at an entertainment venue and, upon leaving the premises, was struck by a truck driven by another patron while waiting in line to exit the parking lot. Coleman claimed that Via negligently failed to implement traffic control measures and direct vehicle flow, which he alleged proximately caused his injuries. The appellate court rejected this argument, holding that Via’s alleged negligence was not the proximate cause of Coleman’s injuries because the intervening criminal and negligent actions of the third-party driver were unforeseeable and broke the chain of causation. The court emphasized that a defendant is generally not liable for harm caused by the extraordinary misconduct of third parties unless such conduct is reasonably foreseeable. Citing precedent, the court noted that premises owners cannot be expected to anticipate highly unusual or improbable vehicle behavior, such as a parked vehicle suddenly accelerating into pedestrians due to the actions of a passenger. Because the chain of events leading to Coleman’s injury was extraordinary and unforeseeable, the court concluded that Via could not be held liable as a matter of law. Accordingly, the trial court’s grant of summary judgment was affirmed.  The decision reinforces that property owners are not liable for third-party conduct that constitutes a superseding cause beyond the scope of foreseeable risk.    Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2025 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Events

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Conference

RISKWORLD 2026

May 3-6, 2026

Philadelphia, PA

Sara W. Mazzolla and Francis X. Wickersham

Firm Highlights

Thought Leadership

New Jersey Expands Family Leave Protections Effective July 17, 2026

On January 17, 2026, Governor Murphy signed into law legislation expanding the New Jersey Family Leave Act (NJFLA). Beginning July 17, 2026, significant amendments to the NJFLA will expand job-protected family leave to smaller businesses and more employees across the state. The new law broadens coverage by lowering the threshold for private employers from 30 employees to 15 employees, meaning many smaller businesses will now be subject to the NJFLA. Employees of state and local government agencies will continue to be covered regardless of the size of the employer. The amendments also make it easier for employees to qualify for leave. Under the revised law, an employee will be eligible after three months of employment and at least 250 hours worked during the preceding 12 months, replacing the previous requirement of 12 months of employment and 1,000 hours worked. Currently, New Jersey's Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs provide eligible employees with wage replacement while they are on leave but do not independently guarantee job protection. The recent amendments to the New Jersey Family Leave Act (NJFLA) expand these protections by extending job-protected leave to additional employees. Under the amended law, employees receiving TDI or FLI benefits may be entitled to return to the same position they held before taking leave, or to an equivalent position with the same seniority, status, pay, and benefits. Although the legislation also states that it does not expand or modify an employee's reinstatement rights under the NJFLA, the amendments appear to provide job protection to eligible employees receiving TDI or FLI benefits without requiring them to separately satisfy the eligibility requirements of the NJFLA or the federal Family and Medical Leave Act (FMLA). As a result, some employees may be entitled to longer periods of job-protected leave than were previously available under existing law. With these amendments, New Jersey continues to strengthen workplace protections by expanding access to job-protected family leave for eligible employees. These changes significantly expand access to job-protected family leave and may require employers to update their leave policies, employee handbooks, and HR practices. Notably, employers who were previously not required to administer NJFLA may need to amend their policies and/or create new protocols to come into compliance with the NJFLA. Failure to do so would prove costly, as the penalties for non-compliance are significant.

Portrait of Carolyn Schweizer, with text below: Philadelphia Office Managing Attorney

News

Marshall Dennehey Names Carolyn Schweizer New Philadelphia Office Managing Attorney

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Congratulations to our 2026 Florida Super Lawyers & Rising Stars: Elizabeth Ferguson, A.C. Nash, Taylor Naughton, Sophia Philor, Amara Rodriguez

News

Marshall Dennehey Announces 2026 Florida Super Lawyers & Florida Rising Stars

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

Casey Alan Coyle Joins Marshall Dennehey's PA Appellate Practice as a Shareholder in Harrisburg and Philadelphia

News

Marshall Dennehey Expands Leading Pennsylvania Appellate Practice With Addition of Shareholder Casey Coyle

Thought Leadership

Mitigating Long-Tail Liability: Delaware Court Reaffirms Five-Year Workers’ Compensation Deadline

Williamson v. Donald F. Deaven, Inc., No. N25A-07-004 FWW, 2026 LX 252526 (Del. Super. Ct. June 2, 2026) Claimant was involved in a compensable industrial work accident on May 12, 1995, for a low back injury.  Following this, he received compensation for temporary total disability benefits from July 1996 to September 1996 and for sustaining a permanent impairment in 1997 and 1998. For the next 23 years, the claimant continued treatment and paid his own medical bills without submitting them to the employer’s insurer. In November 2021, the claimant filed a petition seeking payment for medical expenses, including prospective surgery and a resulting period of total disability. The employer moved to dismiss the petition, arguing it was barred by Delaware’s five-year statute of limitations (19 Del. C. § 2361(b)). Pursuant to 18 Del. C. § 3914, insurers must provide prompt written notice of the applicable statute of limitations to invoke the five-year deadline. Due to the age of the case, neither party had a comprehensive file of the claim and the Board had archived its file of the matter. The carrier’s computer system retained only bare information indicating that payments occurred and agreements and receipts were filed with the Board in 1997. While the claimant argued that the employer could not prove it provided the mandatory statutory notice, the Hearing Officer recovered the archived file, which contained two “Receipts for Compensation Paid” signed by the claimant. The receipts explicitly contained the required five-year limitation language, which the claimant testified to signing at the hearing. The claimant also attempted to introduce evidence of payments he claimed the employer made, which would have extended the statute of limitations. As a preliminary matter, the hearing officer excluded the testimony about the payments because the claimant did not produce them to the employer. The Board found in favor of the employer and dismissed the claimant’s petition as time-barred. The claimant appealed the Board’s decision, arguing that he never received adequate notice of the statute of limitations and that the hearing officer’s evidentiary ruling was an abuse of discretion. The Court held that the archived, signed receipts constituted substantial evidence that the insurer fulfilled its statutory notice requirements. Therefore, the claimant’s petition was time-barred under the statute of limitations provisions of 19 Del. C. § 2361(b). Furthermore, the Court reinforced strict procedural compliance: it rejected the claimant’s attempts to introduce evidence of payment on appeal, ruling the argument was waived for failure to preserve it while the matter was still before the Board. This recent ruling by the Court underscores the importance and necessity of robust data preservation and precise compliance with notice requirements. For risk managers, employers, and insurers, the decision highlights how tight administrative execution protects against catastrophic long-tail liability.

Thought Leadership

Congress Passes Financial Exploitation Prevention Act

On June 25, 2026, the House passed the Financial Exploitation Prevention Act of 2025 (“the Act”) by a vote of 414 to 2. The Act allows financial advisors and firms to delay suspicious transactions regarding the accounts of clients who are 65 or older, if they believe financial exploitation has occurred or is about to take place. With the advancement of technology and AI, the House’s overwhelming bipartisan passage of the Financial Exploitation Prevention Act represents an important step in strengthening the financial industry’s ability to combat the growing threat of elder financial exploitation. The Act recognizes what advisors have long known that financial professionals are often the first to detect suspicious behavior but have historically lacked clear legal authority to intervene before irreversible financial harm occurs. From the industry’s perspective, the bill accomplishes several important objectives, including the following: (1) Provides a practical “pause button” by allowing financial professionals to temporarily delay certain transaction requests when there is a reasonable belief that a senior or vulnerable adult is being financially exploited; (2) Empowers financial professionals to act by providing greater certainty that firms can act in good faith to protect clients without unnecessary legal risk; and (3) Strengthens investor protection without sacrificing client rights by allowing temporary delays based on a reasonable suspicion of exploitation, which is intended only to allow additional review and not to deny clients access to their money indefinitely. In sum, the Financial Exploitation Prevention Act will equip financial professionals with practical, carefully tailored tools to stop suspected financial exploitation before client assets are lost. By allowing firms to temporarily delay suspicious transactions under defined circumstances, Congress is recognizing the critical role advisors play as the first line of defense against increasingly sophisticated fraud schemes. The Act strikes an appropriate balance between protecting vulnerable investors and preserving individual financial autonomy, while reinforcing collaboration among advisors, families, and law enforcement to combat financial exploitation. The bill now awaits Senate action.

Event

Florida Insurance Fraud Education Committee (FIFEC)

Sean and Alex will present, "Life Care Plans: From Low Impact to Policy Limits," focusing on the history and expanding use of life care plans in litigation and their ability to transform low impact injury claims to disproportionate high value claims. By focusing on the limitations of life care planners, Florida's tort-reform on medical damages, and the Daubert standard, extraordinary life care plans with inflated future medical care recommendations can be defended.