{"id":37131,"date":"2008-03-26T16:35:41","date_gmt":"2008-03-26T21:35:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/uncategorized\/legal-ground-rules-for-recreational-liabilities.html"},"modified":"2008-03-26T16:35:41","modified_gmt":"2008-03-26T21:35:41","slug":"legal-ground-rules-for-recreational-liabilities","status":"publish","type":"corporate","link":"https:\/\/corporate.findlaw.com\/litigation-disputes\/legal-ground-rules-for-recreational-liabilities.html","title":{"rendered":"Legal Ground Rules for Recreational Liabilities"},"content":{"rendered":"
\n
\n

This article was edited and reviewed by FindLaw Attorney Writers<\/a><\/em><\/p>\n\n | Last reviewed\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n\n

A group of old college friends is playing softball in the park. All of a sudden, this "friendly" game turns hotly competitive. One pitcher fires a fastball at another player's head, causing a serious injury.<\/p>

Does the injured player have the right to sue the player who caused the injury for damages? If so, what proof must the injured player offer? There are no clear-cut answers. Fair or foul? Although litigation arising from recreational-type injuries is increasing, there is no national consensus on the proper standard to apply. The problem: what is clearly a negligent act off the playing field (e.g., crashing into someone) could be considered to be merely "aggressive play" on the field.<\/p>

Nevertheless, there are limits to aggressive behavior, even in sports. For example, most people would agree that intentionally hitting another player over the head with a baseball bat is unacceptable, even in a competitive game.<\/p>

Final out: State law prevails in each case. If you are injured by a participant in a recreational activity, consult with an attorney.<\/p>

Quiet Tax Law<\/u>–Without much fanfare, the Tax and Trade Extension Relief Act of 1998 was signed into law late last year. Among other provisions, the new law revives several employer-related tax credits and steps up the allowable health insurance deductions for self-employeds and S corporation owners.<\/p>

Hostile Environment<\/u>–A legal secretary complained that a co-worker requested to be kissed. When he was rebuffed, the co-worker became hostile. The firm warned the co-worker and separated the two. After the secretary was fired, she sued for sexual harassment. Result: the New York District Court found that the retaliation in this case was gender-based.<\/p>

First Aid Kits<\/u>–Your company may want to improve the first-aid equipment that is kept on the business premises. For example, many companies are adding defibrillators which can assist people who suffer cardiac arrest. Caution: depending on state law, improper rescue attempts could result in liability.<\/p>

AMT Alert<\/u>–In a new case, a couple had to pay the alternative minimum tax (AMT) even though they claimed zero "tax preference items" on their return. Reason: they used 12 personal exemptions to offset their regular tax liability, but these exemptions can't reduce AMT liability. Moral of the story: be aware of possible AMT complications on your '98 return.<\/p>

Take Five?<\/u>–An employer was charged with violating the Fair Labor Standards Act because it did not compensate employees for certain work-related activities. The employees spent about ten minutes getting in and out of their regular clothing and donning safety equipment. Result: the Tenth Circuit Court said the employees deserve extra compensation.<\/p><\/div>","protected":false},"excerpt":{"rendered":"

A group of old college friends is playing softball in the park. All of a sudden, this “friendly” game turns hotly competitive. One pitcher fires a fastball at another player’s head, causing a serious injury. Does the injured player have the right to …<\/p>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_categories":[6522,6520,6527],"class_list":["post-37131","corporate","type-corporate","status-publish","hentry","corporate_categories-litigation-disputes__civil-litigation","corporate_categories-litigation-disputes","corporate_categories-litigation-disputes__civil-litigation__product-liability"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate\/37131","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=37131"}],"wp:term":[{"taxonomy":"corporate_categories","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_categories?post=37131"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}