Assumption of Risk on the Field of Play – A 2014 New York RoundupOn October 29, 2014 by Schnader
Assumption of Risk is a simple doctrine. If you head down the ski slope, you assume the risk that you will wipe out – or that another skier will lose control and smack into you. If you play baseball, you assume the risk that you will get hit by a pitch or skin your knee sliding into second.
Despite its simple premise, the doctrine has subtle nuances. The slightest factual distinction can turn a sure plaintiff’s win into a defense victory. In 2014, New York courts have ruled for both sides: While some courts give plaintiffs the benefit of the doubt, others show no patience for a plaintiff’s complaints of bruises from the field of play.
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