Legal Opinion

Bedder v. Windham Mountain Partners, LLC

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 2011PublishedCited by 1 opinion

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

  1. Owen v. R.J.S. Safety Equipment, Inc.New York Court of Appeals · 1992
  2. Painter v. Peek'n Peak Recreation, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Whitman v. ZeidmanAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by1 opinion

  1. Clarke v. Catamount Ski AreaAppellate Division of the Supreme Court of the State of New York · 2011

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