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Assumption of the Risk Bodily Injury

Segal McCambridge

What The Hookah?! Assumption of the Risk Doctrine Does Not Apply To Accident At Hookah Lounge

Segal McCambridge on

In Gilliard v. Manhattan Nuvo LLC, New York’s Appellate Division, First Department held that the assumption of the risk doctrine did not extend to an accident at a birthday party at a hookah (a water pipe used to smoke...more

Marshall Dennehey

The Court of Appeals Addressed Primary Assumption of the Risk Doctrine

Marshall Dennehey on

Grady v. Chenango Valley Central School District, 2023 WL 3102723 (2023) -Scholars wondered whether this doctrine would still be applicable because of recent New York cases stating that a plaintiff could be granted summary...more

Bond Schoeneck & King PLLC

Fair or Foul? NYS Court of Appeals Says Case of Injured High School Baseball Player Must Go to Trial

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

Haight Brown & Bonesteel LLP

Watch Your Step – Playing Golf on an Outdoor Course Necessarily Encompasses Risk of Encountering Irregularities in the Ground...

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

Haight Brown & Bonesteel LLP

Inherent Risks Associated with Sports Activities are not Increased by Equipment that is Necessary to the Sport

In Willhide-Michiulis et al. v. Mammoth Mountain Ski Area, LLC, Plaintiff Kathleen Willhide-Michiulis (“Plaintiff”) was involved in a snowboarding accident at Mammoth Mountain Ski Area, which resulted in multiple serious...more

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