September 12, 2011

Assumption of the risk.


Practice point: The dangers associated with players swinging bats during warm-ups are inherent in the sports of baseball and softball.

Student note: If the accident occurs so suddenly that even the most intense supervision could not have prevented it, lack of supervision cannot be the proximate cause of the injury.

Case: Navarro v. City of New York, NY Slip Op 06412 (1st Dept. 2011).

Here is the decision.

Tomorrow’s issue:  Attorney discipline.