McQuiggan v. Boy Scouts of America
536 A.2d 137 (Md. Ct. Sp. App. 1987)
Tort Law
PROCEDURAL HISTORY: Appellant injured person challenged the decision of the Circuit Court (Maryland), which granted a motion for judgment in favor of boy scout associations, scoutmasters, and boy scouts in the injured person's negligence, negligent supervision, assault and battery, and respondeat superior action against them.
FACTS:
-P sustained an eye injury when he voluntarily participated in a paper clip shooting game at a boy scout meeting.
-P brought an action in tort against the boy scout associations, the scoutmasters, and fellow boy scouts (D).
-The injured P alleged that the scoutmasters were liable for negligent supervision and that the fellow boy scouts were liable for assault and battery.
-The injured P also claimed that the boy scout associations were liable under a doctrine of respondeat superior.
HOLDING
-The court affirmed the judgment of the lower court and concluded that the Plaintiff appreciated the obvious dangers attendant to playing a paper clip shooting game and that he assumed the risk and consequences of his involvement.
ANALYSIS
-The Plaintiff directly contributed to the injury.
-The P's willful participation, without any notice of his withdrawal from participation, barred recovery for assault and battery.
RULES
-A plaintiff is said to have assumed the risk of injury when, with full knowledge and understanding of an obvious danger, he/she exposes himself or herself to that particular danger, thus voluntarily abandoning his/her right to complain.
-Assumption of the risk negates the issue of a defendant's negligence by virtue of a plaintiff's previous abandonment of his or her right to maintain an action if an accident occurs.
-There are three elements to be established before a risk is deemed legally assumed: The defendant must show that the plaintiff (1) had knowledge of the risk of danger, (2) appreciated that risk, and (3) voluntarily exposed himself to it.
CONCLUSION: The court affirmed the judgment in favor of the boy scout associations, scoutmasters, and boy scouts in the injured person's negligence, negligent supervision, assault and battery, and respondeat superior action.
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536 A.2d 137 (Md. Ct. Sp. App. 1987)
Tort Law
PROCEDURAL HISTORY: Appellant injured person challenged the decision of the Circuit Court (Maryland), which granted a motion for judgment in favor of boy scout associations, scoutmasters, and boy scouts in the injured person's negligence, negligent supervision, assault and battery, and respondeat superior action against them.
FACTS:
-P sustained an eye injury when he voluntarily participated in a paper clip shooting game at a boy scout meeting.
-P brought an action in tort against the boy scout associations, the scoutmasters, and fellow boy scouts (D).
-The injured P alleged that the scoutmasters were liable for negligent supervision and that the fellow boy scouts were liable for assault and battery.
-The injured P also claimed that the boy scout associations were liable under a doctrine of respondeat superior.
HOLDING
-The court affirmed the judgment of the lower court and concluded that the Plaintiff appreciated the obvious dangers attendant to playing a paper clip shooting game and that he assumed the risk and consequences of his involvement.
ANALYSIS
-The Plaintiff directly contributed to the injury.
-The P's willful participation, without any notice of his withdrawal from participation, barred recovery for assault and battery.
RULES
-A plaintiff is said to have assumed the risk of injury when, with full knowledge and understanding of an obvious danger, he/she exposes himself or herself to that particular danger, thus voluntarily abandoning his/her right to complain.
-Assumption of the risk negates the issue of a defendant's negligence by virtue of a plaintiff's previous abandonment of his or her right to maintain an action if an accident occurs.
-There are three elements to be established before a risk is deemed legally assumed: The defendant must show that the plaintiff (1) had knowledge of the risk of danger, (2) appreciated that risk, and (3) voluntarily exposed himself to it.
CONCLUSION: The court affirmed the judgment in favor of the boy scout associations, scoutmasters, and boy scouts in the injured person's negligence, negligent supervision, assault and battery, and respondeat superior action.
---
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