Drawing a distinction between "sporting" and "leisure" activities, a New York appeals court has refused to dismiss a lawsuit filed by an avid bicyclist who was injured in an accident precipitated by roadway repairs. Courts frequently dismiss such suits, guided by a public policy of encouraging "vigorous participation in athletic activities," the panel said, but in this case they declined to apply the assumption-of-risk doctrine as a matter of law and ruled unanimously that the negligence action could proceed.
Court Rules Bicycling Is a 'Leisure' Activity, Finds No Assumption of Risk
New York Law Journal
May 28, 2009