ASSUMPTION OF THE RISK IN ATHLETICS

Morgan v. State, 90 N.Y.2d 471 (1997)

https://law.justia.com/cases/new-york/court-of-appeals/1997/90-n-y-2d-471-0.html

“The common question, with factual and legally nuanced variations among the four cases, centers on the duty of care owed by an owner or operator of an athletic facility to participants who are injured on premises while engaged in voluntary sports activities. Each case is before us by leave to appeal granted to the respective plaintiffs by this Court. We agree with the Appellate Division that the defendants in the Morgan, Beck and Chimerine cases owed the respective plaintiff athletes in those cases no duty of care, because the injured parties there assumed inherent risks as part of their particular participatory activities under their pertinent fact patterns. We thus affirm the orders in those cases. On the other hand, we reverse the order in the Siegel case because a distinctive, separate duty continues to be operative, precluding a grant of summary judgment to defendants in that case.”

In Morgan v State of New York the plaintiff sustained severe physical injuries from an accident which occurred as he was driving a two-person bobsled during a national championship race at the Mt. Van Hoevenberg Bobsled Run in the Town of North Elba near Lake Placid in 1986.

In Beck v Scimeca the plaintiff was injured in 1992 while participating in a class at defendant’s karate school. Thirty years old at the time of the accident, he had been a student at the school for approximately 15 months, attended classes two or three times a week and had achieved the level of orange belt. Beck was injured attempting to perform a “jump roll” tumbling technique over an obstacle. He had executed the tumble on prior occasions, but the obstacles had been set at a lower height than at the time of the accident and injury.

In Chimerine v World Champion John Chung Tae Kwon Do Inst., the plaintiff injured her knee in 1992 while attempting what is described as a “jumping” or “hopping” kick maneuver. The injury occurred during her fourth class at defendants’ martial arts training school.

In Siegel v City of New York, the 60-year-old plaintiff was injured in 1992 when he tripped playing tennis at defendant Paerdegat Racquet Club in Brooklyn. Defendant City of New York owns the premises and leases them to Paerdegat. During a game, Siegel snagged his foot in a torn vinyl hem at the bottom of a net dividing the indoor tennis courts. He had been a member of the club for 10 years and played doubles tennis there once a week. His deposition testimony showed that he had known for over two years that the side divider net was ripped and that although he had never informed Paerdegat’s management of the problem, other club members had.

“Relieving an owner or operator of a sporting venue from liability for inherent risks of engaging in a sport is justified when a consenting participant is aware of the risks; has an appreciation of the nature of the risks; and voluntarily assumes the risks (id., at 437; see, Prosser and Keeton, Torts § 68, at 486-487 [5th ed]; McEvoy v City of New York, 292 N.Y. 654, affg 266 App Div 445; Restatement [Second] of Torts § 50, comment b). Thus, to be sure, a premises owner continues to owe “a duty to exercise care to make the conditions as safe as they appear to be. If the risks of the activity are fully comprehended or perfectly obvious, plaintiff has consented to them and defendant has performed its duty” (Turcotte v Fell, supra, 68 NY2d, at 439; see also, Prosser and Keeton, Torts § 68, at 485-486 [5th ed]). The balance struck at the threshold duty stage of responsibility and adjudication is that the tort rules support a social policy to “facilitate free and vigorous participation in athletic activities” (Benitez v New York City Bd. of Educ., 73 N.Y.2d 650, 657, supra).”