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Allen v. Dover Co-Recreational Softball League9/30/2002
ow from the ordinary play of the game. See Hacking, 143 N.H. at 553.
The plaintiffs' complaint alleges that the team sponsors had a duty to conduct this game using certain equipment, specifically batting helmets and "less dangerous softballs." While the plaintiffs allege that batting helmets should have been used when conducting this game, they do not allege that batting helmets are ordinarily worn by players in adult co-recreational slow-pitch softball games. The ASA rules the plaintiffs allege applied to this game do not require batting helmets to be worn. Further, the plaintiffs do not allege that reasonable teams use batting helmets when playing in adult co-recreational softball games. They have thus failed to make an allegation that gives rise to a duty for these team sponsors to recommend, require or provide helmets when conducting an adult co-recreational softball game. Thus, under the circumstances of this game, not recommending, requiring or providing batting helmets did not unreasonably increase or create a new risk outside of the range of ordinary activity.
The plaintiffs further allege that the softball manufactured for use when adult men play softball is less dangerous than the softball manufactured for use when children and women play softball. The plaintiffs do not allege, however, that anything other than an ordinary softball manufactured for use when adult women batted was used in this case. The ASA rules that the plaintiffs allege applied to this game require the use of the smaller ball to allow women batters to hit more competitively with men. The plaintiffs do not allege that the smaller, harder softball created a risk that was outside the range of ordinary activity involved in the sport of softball or unreasonably increased the inherent risk that when a softball struck her head she would be injured. Rather, the plaintiffs allege the particular softball used may have amplified the injury she otherwise would have suffered. Because the risk that a player may suffer an injury upon being struck by a ball is an ordinary risk incident to playing softball, using the smaller softball manufactured for use by women to allow the women in a co-ed game to hit more competitively with men did not unreasonably increase the ordinary risks inherent in the game. Cf. Picou, 558 So.2d at 790 (noting that injury arose out of same type of risk that is inherent in game). Therefore, the team sponsors' duty to Carol Allen did not include using the least "dangerous" softball available when conducting an adult co-recreational softball game. Cf. Foronda, 25 P.3d at 844 (holding as a matter of law that use of single spacer ties on boxing ring "did not create a new risk or increase the inherent risk of sparring"). Accordingly, it was not unreasonable under the circumstances of this game to use the smaller, harder softball, the one manufactured for use by women batters, when women batted.
Finally, the plaintiffs allege that the defendants had a duty to adhere to a strict five-male to five-female ratio. This allegation is apparently based upon the ASA rules of play for amateur softball. While the plaintiffs allege the ASA rules set forth a standard of care for recreational softball, the rules' stated purpose is to "regulat competition to insure fairness and equal opportunity to the millions of players who annually play the sport." Further, the plaintiffs do not allege that adhering to that ratio is a measure ordinarily taken when conducting an adult co-recreational softball game. Being struck by a ball thrown by a male player is an ordinary risk inherent in co-ed softball. The ratio rule did not unreasonably increase or conceal the risk that Carol Allen would be struck by a ball thrown by a male pl
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