Practice point: The doctrine of primary assumption of risk provides that a voluntary
participant in a sporting or recreational activity 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. The doctrine does not serve as a bar to liability if
the risk is unassumed, concealed, or unreasonably increased.
Student note: The doctrine encompasses risks associated with the construction of the playing surface and any open and obvious condition on it.
Case: Herman v. Lifeplex, LLC, NY Slip Op 03815 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: 90-day notices and dismissal.
