Recently, a court issued an opinion in a recreational use injury case that may be applicable in New Mexico personal injury cases. In that case, the Supreme Court of Georgia ruled that summary judgment should be granted to a city-owned stadium after a six-year-old girl was injured after falling through the bleachers.
In 2012, two parents were attending a youth football game with their six-year-old daughter. The parents purchased two tickets for themselves, but the young girl was able to attend for free because children under the age of six were not required to pay an admission fee.
When the girl was walking to the concession stands, she slipped and fell through the bleachers and sustained serious injuries. The family brought a personal injury lawsuit against the city, but the city moved for summary judgment. The city argued that the state’s recreational use statute protected it from liability because the injured party did not pay a fee to attend. At trial, the family argued that the exception should not be applied because the parents were charged an admission fee. The lower court agreed, denying the city’s motion for summary judgment. The city appealed.