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By Bill Altreuter

I love it when there is a split in the Departments. Because we practice all over New York it means that we have to keep track of what the law is in different places, , but it also means that we can sound erudite. Lots of times that's as much fun as our glamor profession offers. So, in the Third Department the defense of primary assumption of risk is only available in cases arising out of athletic and recreational activities. Trupia v Lake George Cent. School Dist.. Assumption of risk looks a lot like plain old contributory negligence when it is applied outside the realm of sport, so I'm liking this outcome; now that there is a split we can expect that the Court of Appeals will weigh in sometime in the next ten years or so and clear things up for us.

Full post as published by Outside Counsel on March 12, 2009 (boomark / email).