Plaintiff alleges that he was injured when, as a passenger sightseeing on defendant's boat, he stood up as the boat was rising up and down as a result of passing waves, then slipped and fell. Defendant established entitlement to judgment as a matter of law based on the doctrine of primary assumption of the risk., as his evidence shows that plaintiff's injuries arose from commonly appreciated risks inherent in the recreational activity in which he was engaged.
Plaintiff' argues that, even if the primary assumption of the risk doctrine applies, he could not be deemed to have assumed certain increased risks beyond those inherent in the activity, noting the risks created by defendant's alleged reckless conduct in operating the boat, the presence of alcohol on board, the absence of life jackets, and his inexperience with boats. The Appellate Division rejected the argument as conclusory and otherwise unsupported by expert opinion or the circumstances of the incident.
Dismissed.
Paulino v. Braun, NY Slip Op 03668 (1st Dep't June 19, 2021)
