What Happens When You Assume The Risk; The Latest in Sporting & Recreational Cases

By Jarett L. Warner   One of the primary arguments raised by a defendant in a sporting or recreational negligence action is that the plaintiff assumed the risk of injury through his or her participation in the activity. In turn, one argument repeatedly raised by the plaintiff is that the defendant increased or enhanced the risk of injury.   This model of the arguments recently found itself in front of New York’s highest Court. In Bukowski v. Clarkson Univ. (Court of Appeals June 5,