(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.”