In the case of Thomas v. Chimera, 2023-Ohio-2132, an appellate court held that the host of a birthday party was not liable for a falling injury sustained by a partygoer while ziplining when the partygoer assumed the risk for the recreational activity and the record did not settle show the cause of the partygoer’s fall.
In this case, the host argued that the partygoer was not injured in a foreseeable way when the partygoer fell off the zipline, so the host did not owe a duty of care to the partygoer. In response, the partygoer argued that (1) the host recklessly failed to inspect the zipline pathway for a branch that caused the partygoer’s fall and (2) the duty of care for the partygoer should be higher because the partygoer was a minor. The appellate court agreed with the host.
In support of its decision in favor of the host, the appellate court explained that the partygoer is unable to recover for damages incurred during a dangerous recreational activity regardless of the age of the partygoer unless the partygoer can show reckless or intentional conduct on behalf of the host.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.