A Lawsuit in the Waiting: Special Relationships within Campus Recreation?

Abstract

This work explores a potential legal argument holding campus recreation programs liable for injuries sustained during recreational activity using the concept of a “special relationship.” A literature review on the impacts of campus recreation programs will be followed by a discussion of how campus recreation programs may meet several established legal requirements for such a special relationship to exist, requirements found in the 1993 case Kleinknecht v. Gettysburg. This discussion will focus on concepts of recruiting and community benefits found in both the campus recreation literature and the Kleinknecht findings. We will conclude with a discussion of potential defenses for the recreation industry in such a case where a special relationship lawsuit is attempted along with points of emphasis to reduce the prospects of litigation.