Pennsylvania Case Emphasizes Importance of “Participants” and “Circumstances” in Determining Liability for In-Game Injuries

By Peter C. Buckley, Esquire   A recent decision from the Pennsylvania Superior Court shows that not every injury that occurs during a sporting event is so inherent in the game or so “common, frequent and expected” that the one causing the injury can escape liability. The case of Zeidman v. Fisher, 980 A.2d 637 (Pa. Super. 2009), suggests that the assumption of the risk and “no duty” rules cannot be blindly applied and that the circumstances of each injury must be examined to deter