Practice point: While generally the risk is not assumed until play has begun, it is not always necessary for the game to have been formally underway.
Practitioners should note that there is no owner liability where an injury results directly from the course of action plaintiff decided to pursue.
Case: Marino v. Bingler, NY Slip Op 01623 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Medical malpractice.
