Two New York Decisions Reflect Confusion Over Assumption of Risk Defense

By Gary Chester, Senior Writer An important defense in sports injury cases is assumption of risk, which enables defendants to obtain a dismissal where the plaintiff knew of a risk but voluntarily participated in the activity that caused injury. This affirmative defense seems simple enough. In New York, however, jurists are divided on whether and when the defense is available because (1) an exception arises when a defendant enhances or conceals the risk and (2) lawmakers seemingly eliminate