Appeals Court: Assumption of Risk Inapplicable in Water Park Case

A New York state appeals court has given new life to a plaintiff’s claim that a waterpark was negligent when he suffered an injury while exiting a water slide at a water park.   Specifically, it found that the “dangerous condition” posed by the ride invalidated the assumption of risk doctrine that the defendant relied upon.   On July 11, 2007, J. Anthony Mussara went to Splashdown, a park owned by Mega Funworks, Inc., with his son and wife for the first time. After spending a few