Court Determines Whether Plaintiff Assumed the Risk
Aisha Gillard alleged that while attending a birthday party at Le Rev, a hookah lounge, a hookah that contained a bowl with burning coals fell on her, causing injuries to her chest. According to Gillard, the hookah had been placed on the table in front of her and was knocked over by patrons who were dancing nearby. Litigation ensued. Le Reve moved for summary judgment dismissing Gillard’s complaint. Supreme Court denied the motion. Le Rev appealed.
Supreme Court properly rejected Le Rev’s argument that the assumption of risk doctrine was applicable to the facts of this case. The doctrine is generally limited to personal injury claims arising from sporting events, sponsored athletic and recreative activities, or athletic or recreational pursuits that take place in designated venues. The retention of the doctrine is most persuasively justified for its utility in facilitating free and vigorous participation in athletic activities that possess enormous social value, even while they involve significantly heightened risks that may be voluntarily assumed to preserve the beneficial aspects of sports as against the prohibitive liability that would otherwise arise.
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