Practice point: Under the doctrine, 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 participation. By freely assuming a known risk, a plaintiff negates any duty on the part of the defendant to safeguard the plaintiff from the risk. If the risks of the activity are fully comprehended or perfectly obvious, the plaintiff has consented to them and the defendant has performed its duty. However, a plaintiff will not be deemed to have assumed the risks of reckless or intentional conduct, or concealed or unreasonably increased risks.
Case: Hanson v. Sewanhaka Cent. High Sch. Dist., NY Slip Op 07711 (2d Dep't November 8, 2017)
Here is the decision.
