Usually in sports, the term “level playing field” is a metaphor for fairness amongst competitors.  However, in Brown v. Roosevelt Union Free School Dist., the Court examined the literal implications of an uneven playing filed.  The infant plaintiff was injured while participating in an infield sliding drill during softball practice on a grass field at an elementary school in Uniondale.  Infant plaintiff typically practiced sliding drills on a dirt infield at a field at Roosevelt Middle School, however, it was being renovated.  The team had never before used the field in Uniondale, it had not been inspected beforehand, and was uneven and grassy.

Both school districts moved for summary judgment denying any liability on an assumption of risk theory.  The Supreme Court denied both motions, and the Second Department affirmed. While a voluntary participant in a sports activity consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally, awareness of risks is assessed against the background of the skill and experience of the particular plaintiff.  Here, the infant plaintiff had never performed such drills on grass and never before on an uneven terrain.  The Court held that defendants failed to establish that the infant’s coach did not unreasonably increase the inherent risks of the activity by having her perform an infield sliding drill on the subject grass field.

The Court focused on the field at issue, more than the infant plaintiff’s experience.  The field was uneven and grassy, and therefore, the Court held that it unreasonably increased the risk inherent in the game of softball.

This decision may seem particularly surprising to anyone who grew up in New York City, where broken glass on baseball diamonds were considered a part of the field.  In any event, this decision is indicative of the limitations of the assumption of the risk doctrine, particularly where youth sports are involved.  Thanks to Anne henry for her contribution.  Please email Brian Gibbons with any questions.