When Darin Gallagher tried to make a "diving catch" during a softball game, his wrist landed on a small cement object situated in the outfield. (Darin hadn't noticed the thing, which was used to draw soccer game field lines.)
When he later sued the Town of North Hempstead for his injuries, the Nassau County Supreme Court dismissed the case.
While the participants of a sport assume the "known" and "foreseeable" risks associated with that activity, the Appellate Division, Second Department, didn't think that "waiver" extended to hidden risks.
Because the evidence established that the object wasn't apparent to Darin, or the other players--and since the field's maintenance person testified that the object was small, surrounded by grass, and wasn't readily visible--the AD2 reversed and reinstated the dispute.
Darin was down, but not out.
To view a copy of the Appellate Division's decision, please use this link: Gallagher v. County of Nassau