S.C. Supreme Court Tosses Softball Suit

Softball insrance

Rules softball is a contact sport with inherent risks

In March 2004, Jeff Wagner joined a father-son pickup softball game at a Boy Scout camping trip.  During the game Wagner and another father, David Cole collided, resulting in a broken rib for Wagner.  Cole suffered a head wound, went into convulsions, and then spent a few days in intensive care.  Personal distress and injuries led Cole and his son to sue the Boy Scouts and Wagner.

The South Carolina Supreme Court wrote in its opinion that despite Cole playing in a casual game in which teams weren’t even keeping score, he was still playing softball, which is considered a contact sport. In tossing out the claim, the court stated, “Where a person chooses to participate in a contact sport, whatever the level of play, he assumes the risks inherent in that sport.”

Source: Insurance Journal, 2011
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