Monthly Archives: March 2017


Most of us engage, to one extent or another, in recreational activities – skiing, climbing, biking, etc. – that, by their very nature, present a certain risk of accident or injury.  In any such activities, we assume the risk of an accident stemming from the inherent nature of the undertaking; however, we do not assume the risk of injury caused by third-party negligence or concealed or unreasonably suboptimal circumstances.  Our Courts are often called upon to determine whether or not a specific, fact-centric risk was inherent (and assumed) or extraordinary (and actionable).

Zelkowitz v. Country Group, Inc., 2016 NY Slip Op 05732 (App. Div. 1st Dept. August 4, 2016) Continue reading