Legal Opinion
Shay v. Contento
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 2012PublishedCited by 2 opinions
1Opinion of the CourtMalone Jr., J.
In cases involving athletic or recreational activities, where a plaintiff has freely assumed commonly known risks inherent in the sport or activity, primary assumption of risk negates any duty on the part of a defendant to safeguard the plaintiff from those risks (see Trupia v Lake George Cent. School Dist., 14 NY3d 392, 395 [2010]; Morgan v State of New York, 90 NY2d 471, 484 [1997]; Turcotte v Fell, 68 NY2d 432, 438-439 [1986]). The application of the doctrine must be closely circumscribed to avoid undermining and displacing the principles of comparative causation (see Trupia v Lake George…
2Cases cited7 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Turcotte v. FellNew York Court of Appeals · 1986
- Sega v. State of New YorkNew York Court of Appeals · 1983
- Ferres v. City of New RochelleNew York Court of Appeals · 1986
- Trupia v. Lake George Central School DistrictNew York Court of Appeals · 2010
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3Cited by2 opinions
- Layden v. PlanteAppellate Division of the Supreme Court of the State of New York · 2012
- Layden v. PlanteAppellate Division of the Supreme Court of the State of New York · 2012