July 18, 2011

Downhill snowboarding.

Practice point: Plaintiff's injury, caused by hitting a stump, while swerving to avoid another person on the trail, is one of the risks inherent in downhill snowboarding.

Student note: By engaging in the recreational sport of snowboarding, plaintiff consented to those risks which are inherent in and arise out of the nature of the sport, and which flow from plaintiff's participation.

Case: Bedder v Windham Mtn. Partners, LLC, NY Slip Op 05861 (1st Dept. 2011).


Tomorrow's issue: Tolling the statute.