Slipping and Sliding Away

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Close v. Darien Lake Theme Park and Camping Resort, Inc. (New York)
(A guest at an amusement park suffered an injury on a water ride and sued the park; the court held that the park owner was not liable for the injury.)

In this very short opinion, the Court explained, “[B]y engaging in a sport or recreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation.”  It also noted that “[a]wareness of the risk is ‘to be assessed against the background of the skill and experience of the particular plaintiff’.'”  The defendant had successfully met its burden by proving that the plaintiff understood and voluntarily assumed the risks.  Despite, plaintiff’s contention to the contrary, the plaintiff was unable to raise a triable issue regarding reckless or intentional conduct or that there was a dangerous concealed condition.

NOTE: The published opinion does not include any factual details of the incident or the facility’s specific role in the incident.

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