Playing Defense Against Negligence Claims

During a recreational adult hockey league practice, the goalie skated backward into the crease after a drill and grabbed the top crossbar of the net while stretching and joking with other players. The ice had recently been resurfaced, and the net had not yet been properly secured to the ice. As the goalie leaned his body weight onto the frame, the goal tipped backward and struck him. In a negligence claim between the goalie and the arena, which team takes the blame? Notable Timestamps [ 01:03 ] - Establishing negligence requires meeting four elements, which include having a duty owed, a breach of that duty, a proximately caused injury, and damages. [ 02:20 ] - Even when negligence is successfully established during litigation, there are still potential defenses available, such as assumption of risk and contributory negligence. [ 04:50 ] - The assumption of risk doctrine might still apply even if a player is violating a rule during a game, as participants generally expect potential injury during physical activities. [ 07:11 ] - Some states utilize contributory negligence, which can technically bar a plaintiff from any recovery if they are found to have contributed at all to the incident. [ 11:03 ] - Comparative negligence rules vary, with some states allowing recovery if a person is up to 50% liable, while others require the individual's negligence to be 49% or less. [ 11:51 ] - Under a pure comparative standard, an injured person who is found to be 90% at fault for an incident can still recover the remaining 10% of their respective damages. [ 14:34 ] - In cases involving severe injuries, juries can sometimes be influenced to make decisions inconsistent with the letter of the law. [ 16:29 ] - The outcomes of these negligence defenses heavily depend on the specific state where the case is taking place, the laws that apply, and the overall makeup of the jury pool. Your PLRB Resources Negotiation Strategies in Bodily Injury Claims     https://members.plrb.org/education/courses/negotiation-strategies-in-bodily-injury-claims Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/ask-plrb/) at no additional charge to you or your company. Subscribe to this Podcast Your Podcast App - Please subscribe and rate us on your favorite podcast app YouTube - Please like and subscribe at @plrb LinkedIN - Please follow at "Property and Liability Resource Bureau" Send us your Scenario! Please reach out to us at 630-509-8704 with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to [email protected].  Legal Information The views and opinions expressed in this resource are those of the individual speaker and not necessarily those of the Property & Liability Resource Bureau (PLRB), its membership, or any organization with which the presenter is employed or affiliated. The information, ideas, and opinions are presented as information only and not as legal advice or offers of representation. Individual policy language and state laws vary, and listeners should rely on guidance from their companies and counsel as appropriate. Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License. Font: Metropolis by Chris Simpson. SIL OFL 1.1. Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription). Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).