Tuesday, May 2, 2017

Property owners and primary assumption of the risk.

Practice point:  A property owner must act in a reasonable manner to prevent harm to those on its premises, and must control the conduct of persons on its premises when it has the opportunity to control their conduct, and is reasonably aware of the need to do so. The doctrine of primary assumption of risk applies when a consenting participant in a qualified activity is aware of the risks; has an appreciation of the nature of the risks; and voluntarily assumes the risks. A person who chooses to engage in such an activity consents to those commonly appreciated risks which are inherent in and arise out of the nature of the activity generally and flow from such participation. The duty owed in these situations is a duty to exercise care to make the conditions as safe as they appear to be. The doctrine generally has been restricted to particular athletic and recreational activities.

Case:  Nevo v. Knitting Factory Brooklyn, Inc., NY Slip Op 03136 (2d Dep't April 26, 2017)

Here is the decision. 

Tomorrow's issue:  A claim of discrimination on the basis of marital status.