The assumption of risk doctrine holds that a plaintiff participant is considered to have consented to any risks inherent in their sport or recreational activity. The doctrine has been historically applied in high school sports cases. The defendant school is relieved of the duty to protect the plaintiff from the assumed risks. The key word in the doctrine’s application is the term “inherent.” The Second Department’s latest interpretation of inherency narrows the application of the doctrine.

Background

In 1975, the absolute defense of implied assumption of risk was abolished and replaced by CPLR §1411, which provides:

In any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.