February 1, 2012

Assumption of the risk.

Practice point: By engaging in a sport or recreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally, and flow from such participation.

Student note: A participant's consent does not run to concealed or unreasonably increased risks.

Case: Charles v. Uniondale School District Bd of Ed., NY Slip Op 00479 (2d Dept. 2012).


Tomorrow’s issue: Notice of claim.