This site is intended for individuals with questions regarding wrongful death and other negligence issues in the State of New York. For more information, go to our web site www.foleygriffin.com, or call (800)991-2773. The information contained herein is a general guide for informational purposes only. This blog site is not intended to create an attorney-client relationship. You should not act or rely on any information contained from this site.
December 4, 2010
Assumption of the risk
It is often to prove negligence in cases where a plaintiff engages in potential dangerous activity such as sporting events, horseback riding, sky-diving and similar events. The Courts have consistently held that most times a plaintiff assumes the risk that he/she may be injured by engaging in such activity. This issue was recently addressed by the appellate courts in Stanislav v. Papp. There the Court held that the defendant did not owe plaintiff a duty to ensure that the horseback riding experience on their date was safe. The plaintiff had experience riding horses and was aware that the risks of falling from a horse or a horse acting in an unintended manner were inherent in the sport.