Sport Waiver Risk Fitness Law

By Tom Bowler
This case account was prepared by Tom Bowler, an experienced expert witness in the area of physical education.
Fact Pattern: Within a mandatory physical education class for middle school students, an eleven and one-half [11 ½ ] year old girl was involved in a warm-up activity on February 15, 2007. She was with three or four girls inside a bungee type of cord held around the back of their hips. The given objective by the physical education teacher was to go around in a …

This case discussion is provided by Dr. Leonard K. Lucenko, a sports and recreational premises risk management and safety expert. The case title is as follows: Clinton Schriber v. Jewish Community Center of New Orleans.
Case Facts:
In June 1997, plaintiff Clinton Schriber was participating in a recreational basketball league game at the gymnasium owned by the defendant.   The defendant had rented the gymnasium to a local recreational basketball league.  Each team paid an entry fee to participate in league games, which were played on Tuesday nights.
On the date of the …

This case discussion,  provided by Dr. Leonard K. Lucenko -  a sports and recreational facilities safety expert, clearly illustrates the crucial role of the expert witness in negligence cases. He has a PhD and is an experienced expert witness having consulted for more than 20 years for defendants and plaintiffs in over 300 cases in education, sport, recreation and camp management.Dr. Lucenko’s web site is: www.leonardlucenko.com.
Case Facts:
On October 6, 1999, the plaintiff, a 17-year old junior at his local high school, was a member …

This case discussion is provided by Dr. Leonard K. Lucenko, a sports and recreational facilities safety expert.
Case Facts:
In September 2002, the plaintiff was playing a recreation hockey league game on the Red Rink at the defendant ice hockey facility.  This was the first time the plaintiff had played a league game at this venue.  Management had failed to warn the plaintiff or the other players that the kick plate on this rink was broken and cracked in several areas around the rink.
At the second-period face-off the plaintiff skated after the …

This case account was prepared by Tom Bowler, an experienced expert witness In the area of playground safety.

Fact Pattern:
The mother took her four-years-old son visit a children’s museum.  In the basement of the museum, one room had a theme of “sea caves”.  The walls, benches and play equipment were painted with a theme of underwater sea caverns.  This created a figure/ground type of problem for visually seeing and distinguishing protruding benches etc.  The flooring was carpeted.  Basically, the museum operated on the tenet of being a …