Earlier this week, an appellate court in Rhode Island issued a written opinion in a premises liability case brought by the parents of a young boy who was injured while playing baseball in a park owned and operated by the defendant city. Ultimately, the court determined that although the plaintiff presented evidence on appeal that the defendant city knew of the alleged hazard prior to their son’s injury, it could not be considered on appeal because the evidence was not presented at trial.
The plaintiff was participating in a baseball game in a park that was maintained by the defendant city. As the plaintiff was sliding into home base, his right foot and shin slid under the edge of the plate, which had been lifted due to repeated use. As the boy tried to stand, he broke his leg in two places.
A few months after the accident, the boy’s parents filed a personal injury lawsuit against the city, alleging that it had failed to safely maintain the field. In response, the city claimed that it was immune from the lawsuit due to the state’s recreational use statute. The plaintiff’s attorney issued a general objection to the application of the recreational use statute, but failed to provide a specific basis for the objection.