September 24, 2022

The doctrine of primary assumption of risk.

The doctrine applies only where the issue is the absolution of  duty, such as personal injury claims arising from sporting events, sponsored athletic and recreative activities, or athletic and recreational pursuits that take place at designated venues. Here, the infant plaintiff was injured while using a trampoline in the yard of the defendants' private residence, not in a designated athletic or recreational venue, and the defendants did not actively sponsor or promote the activity. As such, the doctrine is not a bar to liability.

Bell-Moran v. Pena, NY Slip Op 05147 (2d Dep't September 14, 2022)

Here is the decision.