Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Sunday, December 10, 2023 | Back issues
Courthouse News Service Courthouse News Service

Football Stadium Guard Can’t Sue Over Tackle

(CN) - The Buffalo Bills are not liable to a security guard who suffered injuries when players crashed into him on the sidelines, a New York appeals court ruled.

William D. Austin was working on the sidelines of a Bills home game at Ralph Wilson Stadium in Orchard Park, N.Y., when two players collided with him.

The trial court dismissed Austin's ensuing complaint at summary judgment, and the Rochester-based appellate division affirmed March 16.

"The court properly determined that the plaintiff assumed the risk of injury," the unsigned opinion states. "Where, as here, the plaintiff fully comprehended the risks or the risks are perfectly obvious, plaintiff has consented to them and defendant has performed his duty."

"Plaintiff's contention that he was under an inherent compulsion to assume the risk is raised for the first time on appeal and thus is not properly before us," the justices added. "In any event, that contention is without merit."

Categories / Uncategorized

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.