Monday, August 3, 2015

Doctrine of primary assumption of risk.

Practice point:  Pursuant to the doctrine, a voluntary participant in a sporting or recreational activity consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation.  This includes risks associated with the construction of the playing surface and any open and obvious condition on it. However, participants are not deemed to have assumed the risks of reckless or intentional conduct, or concealed or unreasonably increased risks.

Student note:  Awareness of risk is not to be determined in a vacuum, but, rather, is to be assessed against the background of the skill and experience of the particular plaintiff.

Case:  Brown v. Roosevelt Union Free School Dist., NY Slip Op 06204 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  A CPLR 1018 motion to substitute a nonparty as plaintiff, and to amend the caption accordingly.