November 16, 2019

The doctrine of primary assumption of risk.

If the risks of a sporting activity are known by or perfectly obvious to a voluntary participant, he has consented to them and the defendant has discharged its duty of care by making the conditions as safe as they appear to be.  Inherent risks are those which are known, apparent, natural, or reasonably foreseeable consequences of participation in the sport. Participants are not deemed to have assumed the risks of reckless or intentional conduct, or concealed or unreasonably increased risks.

Calderone v. College, NY Slip Op 08160 (2d Dep't November 13, 2019)

Here is the decision.