Friday, April 9, 2010

Court of Appeals Limits Assumption of Risk Doctrine

In Trupia v. Lake George Cent. School Dist. - the Court of Appeals rolled back the assumption of risk doctrine.  The Court has now held that the doctrine is limited to only athletic and recreational activities.  Judge Smith filed a concurrence in which he argued that it was unnecessary for the majority to go that far.  In his view this was an easy case "because it is absurd to say that a 12-year-old boy 'assumed the risk' that his teachers would fail to supervise him.  

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