Town Not Liable for Child's Soccer Field Injuries
by
Joseph C. Maya on Apr. 28, 2017
Accident & Injury Personal Injury Government State and Local Criminal Juvenile Law
Summary: Blog post about a parent unsuccessfully suing the town of Greenwich over injuries sustained by her son while playing soccer at a public park.
Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.
In the case of Sanford v. Town of Greenwich, a child and his mother sued the Town of Greenwich for injuries for injuries sustained by the child while playing soccer at a town field. The child and mother allege that the injury was caused by the town’s negligence and carelessness of the town. In law, negligence is the failure to use reasonable care, resulting in damage or injury to another. In order to succeed in this claim, the mother must prove that (1) the town owed a duty of care to the mother and child, (2) the town breached that duty and, (3) the breach of duty was a direct cause of the child’s (4) real and compensable injury.
The mother and child allege that on August 23, 2005, the son was participating in a soccer practice on a field located on the ground of the Central Middle School in Greenwich. The practice was conducted by private soccer team that had secured permission to use the field from the Town. During this practice, the son caught his foot in a pot hole in the field, which caused him to fall and suffer physical injuries. The town moved for summary judgment, arguing that they owed no special duty to the son that would otherwise preempt their governmental immunity. The court agreed.
The child was not required to be at the soccer field, and was even participating in a practice conducted by a private soccer team. The mother and child argued that the town had received payment from the team to use the field. However, this argument was not sufficient, because the payment for the use of the field did not come close to meeting the amount of money spent by the town for the field’s maintenance during that fiscal year. As a result, the town was not liable for the injuries of the child.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Sanford v. Town of Greenwich, 2010 Conn. Super. LEXIS 3083 (Conn. Super. Ct. Nov. 22, 2010)
