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Category Archives: Assumption of the Risk

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Dance Club Injuries in New York – Appellate Courts Dismiss One Case but Allow Other Case to Proceed

Posted in Assumption of the Risk

Perhaps the term “dance club” is a misnomer here; we’re really talking about moshing (also called slam dancing) which is an informal term referring to dancing to music in a violent manner by jumping up and down and deliberately colliding with others. Sounds like a sure-fire way to get hurt and that’s just what happened in two cases that have… Continue Reading

Foul Ball Plaintiff Can’t See that the Game is Over; Another Appeal this Week. Will Sanctions be Ordered for Frivolous Appeal?

Posted in Assumption of the Risk

I know I was a bit steamed last week when I took sides against a plaintiff and her lawyers for suing seven different parties after she was hit by a foul ball at a Hudson Valley Renegades minor league baseball game while seated in a left field picnic area in the stadium. Here, I suggested… Continue Reading

Assumption of Risk Doctrine Bars New York Sports Injury Lawsuits – Part 1

Posted in Assumption of the Risk

"School’s Open" say the signs all over the roadways every September. "Drive Carefully," they say. Perhaps they should also say "Play Carefully." Every year, students at schools get injured in sporting events and every year their parents start lawsuits for them. More and more, though, these cases are dismissed by trial judges without even proceeding… Continue Reading

Thrill Seeking Skydiver’s Parachute Fails to Open, Instructor Saves Her, She Sues for Two Broken Fingers

Posted in Assumption of the Risk

You can’t make this stuff up. On July 12, 2003, Lisa Nutley sought to celebrate her birthday with the thrill of her life – a recreational parachute jump. So, she drove to SkyDive the Ranch (web site here), a skydiving facility in Gardiner, New York that’s been in business for over 30 years. As this… Continue Reading

New York Injury Cases Against Schools Dismissed – No Liability When Sudents Hurt in Fights on School Grounds

Posted in Assumption of the Risk

Parents are always telling their kids before they go off to school: study hard, obey the teachers and behave. Good advice, of course. But what happens when the little darlings do misbehave? When they fight with other schoolkids? And serious injuries result? Why, the parents "lawyer up" and sue the school district, naturally! But these… Continue Reading

Newest Ruling in Golf Course Cases – Plaintiff Hit in Eye by Errant Shot Loses Vision and Case

Posted in Assumption of the Risk, Eye and Vision Injuries, Surprising Damage Verdicts

Will New York become a haven for lousy golfers? That’s a possibility given an appeals court ruling last week in the case of two (theretofore) friends and golfing buddies who took to the course on October 19, 2002. One of their threesome got hit in the eye by an errant golf shot from another in the… Continue Reading