Assumption of Risk

Santa Claus has a difficult job. In addition to needing to violate the laws of physics, there’s always the risk of injury. This could happen in many ways, including Falling off an icy/unsalted roof, Getting stuck in a too-narrow chimney, Being burned by a lit fireplace upon descending down a chimney, Tripping and falling over scattered…

Read More Ho, Ho, Ho…Ouch! Can an Injured Santa Claus (Successfully) Sue?

In Serin v. Soulcycle Holdings, LLC, 2016 NY Slip Op 08179 (App. Div. 1st Dept. Dec. 6, 2016), the Appellate Division unanimously reversed a lower court’s order granting defendant’s motion for summary judgment. The court held: Although defendant made a prima facie showing that the spin cycle on which plaintiff was injured was not defective and…

Read More Spin Cycle Personal Injury Case Continues; Claim Not Barred By Release

The tragic story of the death of 15-year-old Natalia Jimenez is making the rounds. The New York Times reports, for example, that Ms. Jimenez died on Friday (1/15/16) afternoon after she tried to jump from one rooftop to another in Manhattan’s Hell’s Kitchen neighborhood. The Times article continues: A neighbor chastised [Natalia and her two friends],…

Read More Failed Manhattan Building Jump Attempt Results in Death of NYC Teen Natalie Jimenez

In Garnett v. Strike Holdings LLC, 2015 NY Slip Op 06694 (App. Div. 1st Dept. Sept. 1, 2015), plaintiff was injured while riding in a two-seat go-kart; “[w]hile driving on the track, they were allegedly bumped twice by other go-karts, allegedly causing injuries to plaintiff, including ‘Reflex Sympathetic Dystrophy.’” Defendant moved for summary judgment, on the ground…

Read More Injured Go-Kart Rider Assumed Risk of Being Bumped; Negligence Case Dismissed

Growing up, I spent a lot of time playing “manhunt” with my friends. Thankfully, unlike the plaintiff in a recent case, we never suffered any injuries while playing. Here are the facts of Wolfe v. North Merrick Union Free School District, 2014 NY Slip Op 07499, 122 AD3d 620 (App. Div. 2nd Dept. Nov. 5,…

Read More Plaintiff Injured During Game of “Manhunt” Did Not Assume Risk; Case Continues