March 20, 2026

Assumption of the risk

Under the primary assumption of risk doctrine,  a person who chooses to participate in a sport or recreational activity consents to certain risks that are inherent in and arise out of the nature of the sport and that flow from such participation. In order to invoke the doctrine, it is not necessary that the injured plaintiff foresaw the exact manner in which the injury occurred, as long as the plaintiff was aware of the potential for injury of the mechanism from which the injury resulted.

T.A. v. Town of Riverhead, NY Slip Op 01480 (2d Dep't March 18, 2026)

Here is the decision.