Court Draws the Line for Assumption of Risk in School Sports
The key word in any application of the 'assumption of risk' doctrine is the term "inherent." This article discusses how the Second Department's latest interpretation of inherency narrows the application of the doctrine.
March 10, 2023 at 11:38 AM
10 minute read
Personal InjuryThe assumption of risk doctrine holds that a plaintiff participant is considered to have consented to any risks inherent in their sport or recreational activity. The doctrine has been historically applied in high school sports cases. The defendant school is relieved of the duty to protect the plaintiff from the assumed risks. The key word in the doctrine's application is the term "inherent." The Second Department's latest interpretation of inherency narrows the application of the doctrine.
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