Sporting and Recreational Injuries
Generally, the law requires more than negligence to sue another participant for a sporting or recreational injury. In order to find liability against another participant, the plaintiff must prove that the other participant acted recklessly or intentionally. As to the facility, the negligence standard remains unless there is a specific statute limiting or barring claims. For instance, there is the New Jersey Roller Skating Rink Safety and Fair Liability Act and The New Jersey Ski Act which provides that roller skaters and skiers assume the risks inherent in the activity and bar personal injury claims. On the other hand, The Carnival-Amusement Rides Safety Act imposes liability on certain amusement rides as long as the ride participant abides by the 90 day notice requirement.
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