McQuiggan v Boy Scouts of America
Citation: 536 A.2d 137 (Md. Ct. Sp. App. 1987)
Parties:
- Nicholas McQuiggan (plaintiff)
- Boy Scouts (defendant)
Facts:
- Nicholas got dropped off at the Boy Scouts meeting a little earlier. The other boys that were there were playing a game in which they used rubber bands to shoot paper clips at each other. Nicholas freely joined into the game, knowing the risk that he would likely be hit with a paperclip. He stopped playing after about 30 seconds, but didn’t communicate this to the other boys. He felt something hit his eye and when he touched his eye with his hand, a paperclip fell out.
Procedural History:
- The trial court granted summary judgement for defendants, Nicholas appealed.
Issue:
- Can you recover damages from an unforeseen injury that occurs during something you consented to while knowing the risks?
Rule:
- Someone who enters a sport/game/contest may be taken to consent to physical contacts consistent with the understood rules of the game. It is only when notice is given that all such conduct won’t be tolerated any longer that the defendant is no longer free to assume consent.
Holding:
- No, you can’t recover damages resulting from a game that you consented to knowing the risks
Reasoning:
- Nicholas knew the risks and didn’t withdraw his consent, so he can’t claim that he didn’t give consent. He also did not give any notice of revoking consent, so he cannot say that consent was no longer present.
Decision:
- Judgement affirmed
Disclaimer: This is not legal advice. This case brief and the others on this website are based solely on my personal understanding of the underlying case. They emphasize the points that my law professors emphasized. You should use them merely as a supplement to your own studies.