Can a “Step in the Dark” Bar a Personal Injury Claim? 

CRUG Partner, Matt Duffy recently secured a total victory for a high school coach in a case involving a student athlete injured at a community hot air balloon festival in Dales v Defiance County, et al.

The Plaintiff, a talented multi-sport athlete, was injured while assisting with hot-air balloon disassembly after dark as part of a volunteer activity related to his school.  He was injured when he stepped in a hole in the dark adversely affecting his athletic hopes.  He sued his school, some of its employees, the hot-air balloon company and a local charity for his injuries.  The outcome of the case turned on three critical defense doctrines:

1️⃣ Primary Assumption of Risk: The inherent risks associated with the activity. 2️⃣ Open and Obvious: Hazards that are discernible to any reasonable person. 3️⃣ The “Step in the Dark” Doctrine: A person who intentionally steps into total darkness without knowledge of the hazards does so at their own peril.

By focusing on these defenses, Matt and the other defense counsel secured Summary Judgment for all defendants.

Proud to have represented my client through his homeowners’ policy and to see a final appealable order bringing this matter to a close.

Matt Duffy, Partner, Cleveland Office