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COURT OF APPEALS AFFIRMS LIMITED AVAILABILITY OF ASSUMPTION OF RISK DEFENSE AS COMPLETE BAR TO RECOVERY

Posted on October 6, 2011

Trupia v. Lake George Central School District, 14 NY3d 392 (2010) Last spring, the Court of Appeals clarified the limited availability under New York law of the doctrine of assumption of risk as a complete defense to claims of negligence in suits involving personal injuries.  The underlying facts of the case were straightforward:  a child was injured during a summer program administered by the defendant school district when he slid down and fell off of a banister, and was seriouslyRead More