A woman in Chicago is suing a man she was dancing with for "Negligent Dancing" after he flipped her in the air and she came crashing down on her head, causing a fractured skull and brain injuries. Story details can be found
here. Now, we all know that this wasn't a case of serious dancing and thus she may well have a claim to make. However, I can't help but wonder about a couple of things:
First, I'm sure that the moment before her fall, she was totally enjoying herself and feeling on top of the world. It was a party in a restaurant. As I'm sure the defense will be asking, how much was she a collaborator in this whole incident? Did she know she would be tossed in the air? That's of course the key issue here. If she did, then she inherently agreed to the dangerous action by participating and in that case should not have any claim when it went wrong.
Second, regardless of the foundations of this case, what happens if she manages to win? Will it set a precedent for all dancing accidents in the future, including those in competitive ballroom dance? We know that accidents happen. Some moves are inherently risky and even the best, most experienced partner can misjudge the timing of a move or not make it into position for any number of reasons. I worry every time I have to catch my wife in a move where she is completely trusting me to be there on time and on balance, and our moves aren't nearly as daring as those of other couples I've seen.
Until now, there hasn't really been much of an issue legally because both partners have agreed to add these things into their routines and practice them often. In doing so, it's understood that any reasonable person must know the risks involved. But we live in an increasingly litigious world, and this highly publicized case could potentially impact the dance world in unexpected ways. Will dance partners have to sign releases promising not to sue each other? Will teachers make students sign similar releases? Stay tuned for the outcome.