In a Cape Cod personal injury lawsuit, the essential question is, did the defendant behave in a reasonably prudent manner under the circumstances? These types of cases can be very fact-specific, as what constitutes “reasonable” can vary substantially from situation to situation.
For example, generally speaking, it would not be considered reasonable to run into another person with the intent of knocking an object out of his or her possession. However, the same conduct might be considered acceptable within the confines of two teams playing a rough sport – hockey, for example. Still, even in a game, there are situations in which a negligence or recklessness claim may be viable. As stated above, it all depends on the circumstances.
Facts of the Case
In a recent Massachusetts appeals court case, the plaintiff was a hockey player who brought suit against the defendants (the plaintiff’s coach, a player on an opposing team, the opposing team’s coach, two referees, and others), seeking monetary compensation for injuries he allegedly incurred while participating in a hockey game. Both the plaintiff and the opposing player whose blades allegedly cut the plaintiff’s wrist during the game were 17 years old at the time of the incident giving rise to the litigation.