A voluntary participant in a sporting or recreational activity consents to the commonly appreciated risks that are inherent in and arise out of the nature of the sport and flow from participation. Inherent risks are those which are known, apparent, natural, or reasonably foreseeable consequences of participation, including the construction of the field and any open and obvious conditions thereon. Assumption of risk is not an absolute defense, but a measure of the defendant's duty of care. The defendant's duty is to exercise care to make the conditions as safe as they appear to be.
Schwartz v. Ramapo, NY Slip Op 04773 (2d Dep't August 25, 2021)
Tomorrow's issue: Summary judgment in a residential foreclosure action.
