Charles v. Uniondale School District Board of Education
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
By engaging in a sport or recreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation (see Morgan v State of New York, 90 NY2d 471, 484-486 [1997]; Turcotte v Fell, 68 NY2d 432, 439 [1986]; Maddox v City of New York, 66 NY2d 270, 277-278 [1985]). Participants properly may be held to have consented, by their participation, to those injury-causing events which are known, apparent, or reasonably foreseeable consequences of participation, but not to unassumed, concealed,…
2Cases cited10 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Morgan v. StateNew York Court of Appeals · 1997
- Turcotte v. FellNew York Court of Appeals · 1986
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Maddox v. City of New YorkNew York Court of Appeals · 1985
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3Cited by4 opinions
- Blumstein v. Half Hollow Hills Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2012
- Blumstein v. Half Hollow Hills Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2012
- Greiber v. National Coll. Athletic Assn.Appellate Division of the Supreme Court of the State of New York · 2025
- Mazze v. Manhattanville Coll.Appellate Division of the Supreme Court of the State of New York · 2024