New SD Supreme Court Personal Injury Ruling

This week I am switching gears to talk about an interesting personal injury case that was just ruled on by the South Dakota Supreme Court.  In Klutman v. Sioux Falls Storm, the South Dakota Supreme court affirmed the trial court’s ruling in favor of the plaintiff, Gaylen Klutmen

Gaylen was 17 at the time of a Sioux Falls Storm promotional season kick-off event.  At one point during the event, children were invited to come on to the turf and play an informal game of touch-football.  The participants didn’t sign waivers and received no warning regarding the condition of the field.  After only a few plays in the game, Gaylen was running the ball up the field when he came to a sudden halt and fell backwards.  Gaylen had his foot caught in the turf, which caused a severe knee injury.  The trial court held the Storm liable for damages, and the SD Supreme Court affirmed this ruling.

So what’s the moral of the story?  Well, the answer to that question is two-fold.  First, it serves as a reminder to every person and business that they may be held liable for negligence for accidents that happen on his or her property.  Second, no one expects a life altering accident to happen to them in a situation as innocent as a promotional event.   But let’s face it: accidents do happen, and when they do you need an attorney to ensure you receive the damages you are entitled to.