Michigan Court Rules in Child Drowning Case (Pool Owner Not Liable) and Cheerleader Injury Case (Coaches and Organization May Be Held Liable)

By Alexander “Sandie” Pendleton of KMK

The Michigan Court of Appeals recently has issued decisions in two cases involving recreational liability (Estate of Wheeler v. Central Michigan Inns, Inc., April 14, 2011, and Sherry v. East Suburban Football League, March 17, 2011). Both decisions emphasize the importance of recreational-opportunity providers being vigilant about injury risks.

The Wheeler case arose out of the tragic drowning death of five-year-old Domonique “Dom” Wheeler.

Do Industry Standards Increase Our Liability?

Readers will find that this is one of the best pieces to be found relating to industry standards and liability. Our thanks go to author “Reb” Gregg and to Steve Smith who originally published the article in Touchstones – News and Resources for Outdoor Programs for permission to run the article in SportWaiver.com. Touchstones is a publication of Experiental Consulting which focuses on risk management, staff training, and human resources for outdoor programs and is edited by Steve Smith.

Provider Not Liable Due to Equine Activity Liability Statute

This recent case is intended to complement and supplement the excellent article Landowner Liability Under Equine and Recreational Use Statutes written by Holly Rudolph (also published today on this site). This illustrative case,  summarized and abridged by Doyice Cotten, clearly illustrates the importance of state Equine Activity Liability Statutes to providers of equine activities. The reader is invited to read the case in its entirety for more information.

PERRY v. WHITLEY COUNTY 4-H CLUBS INC.

Expert Determines that Post was too Near Sideline

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,