Bedder v. Windham Mountain Partners, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Plaintiff seeks damages for injuries he suffered during a snowboarding run down defendants’ mountain trail. By engaging in the recreational sport of snowboarding, plaintiff “consented] to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation” (Whitman v Zeidman, 16 AD3d 197, 197 [2005] [internal quotation marks and citation omitted]). Personal injury caused by hitting a stump on the side of the trail, while swerving to avoid another person using the trail, is one of the risks inherent in downhill snowboarding…
2Cases cited3 opinions
- Owen v. R.J.S. Safety Equipment, Inc.New York Court of Appeals · 1992
- Painter v. Peek'n Peak Recreation, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Whitman v. ZeidmanAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by1 opinion
- Clarke v. Catamount Ski AreaAppellate Division of the Supreme Court of the State of New York · 2011