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 participating in the sport. Inherent risks are those which are known, apparent, natural, or reasonably foreseeable consequences of participation. The doctrine encompasses risks involving conditions that are less than optimal. Here, the plaintiff assumed the risk of injury from stepping into a hole by voluntarily choosing to play basketball on an outdoor basketball court surface with faulty conditions which were open and obvious.
Balgley v. City of New York, NY Slip Op 03672 (2d Dep't July 5, 2023)
