Pickleball Lawsuits: Every Time You Pick Up a Paddle, You Might Be Stepping Into a Legal Minefield

It's a strange and sad thing to say but lawsuits don't seem to be all that uncommon in the sport. Maybe it's down to the explosion in popularity but it seems like this is something that we're just going to have to get used to.

I just got wind of one recent case from Central Florida that could set a dangerous precedent. Following my last article on the politics of open play, I received a tip from one of our readers, Mr. Dale Bruschi, that had me rethinking the true cost of this sport’s rapid rise. His story isn’t just about injury—it’s about how we might be unknowingly stepping into a legal minefield every time we pick up a paddle.

Introducing the Expert

Mr. Dale Bruschi, 68, is a seasoned attorney with 35 years of experience, certified in City, County, and Local Government Law. He’s also been a prosecutor and County Attorney. He’s also a dedicated pickleball player and a key figure in the Friends of Hollywood Pickleball group.

Suffice it to say, Mr. Bruschi knows the ins and outs of court operations and he's seen firsthand the thrill—and the risk—of this fast-growing sport.

The Central Florida Lawsuit

A few years ago, a lower-skilled player in Central Florida was injured while trying to join a game with a group of highly experienced 5.0 players. The player was hit in the eye during a rally and went for treatment at the local hospital.

A short time after that, the local government was alerted that the player was suing for negligence under section 768.28 of the Florida Statutes.

This section waives the sovereign immunity of the state and its agencies and subdivisions and allows the government to be held liable for negligent actions under the same circumstances that a private individual would be liable for personal injury or wrongful acts. — Mr. Bruschi

Apparently, the cause of action against the local government was under some theory of a “failure to warn.” The information wasn’t clear on the cause of action against the local government but in theory, I guess the local government, or entity running the courts, should have said (i.e. posted signs) that serious injuries can occur in pickleball by playing at levels you may not be accustomed to.

This case ultimately never made it to court. It was quietly settled out of sight, with no public record or details about the amount of the settlement. Local governments, it turns out, are hesitant to discuss these matters due to the possibility of non-disclosure agreements. But one thing is clear: the legal implications are far from over.

How Local Courts Are Reducing the Risk of Lawsuits

Mr. Bruschi and his team in Hollywood, FL. have since divided their courts by skill level—beginner, intermediate, and advanced—to ensure players aren’t at risk of getting blindsided by an overzealous opponent. This measure also ensures players are getting better quality games for their level:

Players tend to enjoy the game more when they are paired with players of the same skill level. Many tennis players tend to start at a higher skill level and tend to strike the ball with more velocity. Younger players also tend to strike the ball at greater velocity and have quicker hand speed. Older players tend to strike the ball at lower velocity and have slower hand speeds. — Mr. Buschi

Signs have also been placed at the courts to guide players on where they should be playing based on their abilities. In theory, this should reduce injuries—and maybe even prevent another lawsuit.

Could It Get Worse?

As pickleball continues to grow at an unprecedented rate, so too does the risk of serious injury. With the rise of high-tech paddles, such as the powerful 008 by Selkirk LABs, the pace of play has skyrocketed.

Spin rates have gone from 700 to 800 spins up to well over 2300 spins. The reflex and pop rate off of these paddles is tremendous. I take out my old paddles sometimes and hit them and compare them to my new paddles and the difference is tremendous — Mr. Buschi

The game is only getting more intense, which means one thing: more injuries, more lawsuits, and more people looking for someone to blame.

It’s only a matter of time before the legal challenges start multiplying. Courts that don’t take preventative measures now may find themselves the target of lawsuits they’re not prepared for.

Advice for Local Courts: Keep Players Safe and Prevent Legal Trouble

So, what can be done to avoid all this chaos? Courts need to get serious about safety—and fast. Mr. Bruschi believes that mandatory eyewear will soon become the norm, especially at the higher levels of play. The pro circuits are already embracing it, and it’s only a matter of time before recreational courts follow suit. More importantly, courts should increase signage and reinforce the importance of matching players to their appropriate skill levels. Without these steps, we risk opening the door to a flood of lawsuits that could change the sport forever.

The New Normal?

Well, there you have it. Pickleball, like just about anything today, is not immune to lawsuits and Mr. Bruschi’s account is nothing short of eye opening (pun intended).

The outlook is not all dismal, though. By taking the proper measures courts can avoid these types of unpleasant situations. Individual accountability also plays a role and while it’s good to challenge yourself, players should be mindful of their own skill level and aim to play with others of similar abilities.

The question is: will we take the steps necessary to protect it, or will we be left picking up the pieces when the lawsuits start piling up?