Law School Toolbox Podcast Episode 347: Listen and Learn -- Assumption of Risk (Torts)
Bar Exam Toolbox Podcast Episode 107: Listen and Learn -- Assumption of Risk (Torts)
Earlier this year, the New York Court of Appeals provided new guidance on the often-litigated assumption of the risk doctrine. That doctrine provides that a plaintiff cannot recover under tort for the actions of a negligent...more
Assumption of the Risk- Smith v. Be Fit with Michelle, LLC, 11th Dist. Lake, No. 2023-Ohio-3118. In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment...more
On April 27, 2023, the First District Court of Appeal issued an opinion in Walter Wellsfry, et al. v. Ocean Colony Partners, LLC (A165175, April 27, 2023) affirming summary judgment for a golf course owner on the grounds that...more
“So, you’re telling me there is a chance” is the iconic line from the 1994 blockbuster movie “Dumb and Dumber” starring Jim Carey (as “Lloyd Christmas”) and Lauren Holly (as “Mary Swanson”). In the film, Lloyd is enamored...more
Welcome back to the Law School Toolbox podcast! Today, in another "Listen and Learn" episode, we're focusing on assumption of risk as a defense to negligence in Tort law. In this episode we discuss: >A review of the rule...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials....more
Timeline to Confirm Arbitration Award- BST Ohio Corp. v. Wolgang, 2021-Ohio-1785- In this appeal, the Supreme Court of Ohio reversed the lower court’s decision, holding that neither R.C. 2711.09 nor R.C. 2711.13 requires...more
Welcome back to the Bar Exam Toolbox podcast! Today, we have another episode in our "Listen and Learn" series, where we review substantive areas of the law that you're likely to encounter on the bar exam. This time, we're...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more
I. Why It Matters - Implied assumption of risk applies to preclude product liability claims where a plaintiff consents or acquiesces in an appreciated, known, or obvious risk to his or her safety. Importantly, the implied...more
In Hass v. RhodyCo Production (No. A142418 – 8/13/2018), the First Appellate District’s applied longstanding rules regarding when express waivers are effective and the primary assumption of risk doctrine to deny summary...more
In Swigart v. Bruno, 2017 No. D071072, the California Court of Appeal, Fourth District, relied on the primary assumption of risk doctrine in affirming summary judgment against a plaintiff injured by a horse during an...more
In Moore v. William Jessup University 2015 DJDAR 13751, the California Court of Appeal, Third Appellate District, affirmed the trial court’s granting of summary judgment in a delivery driver’s negligence action against a...more
In Griffin v. The Haunted Hotel, Inc. (filed 10/23/15; certified for publication 11/20/15), the California Court of Appeal, Fourth Appellate District, affirmed summary judgment in favor of the defendant haunted attraction...more