Publications

"Court of Appeals Decisions Clarify Primary Assumption of Risk Defense," New York Law Journal May 10, 2013

“New York’s appellate courts have issued a number of decisions addressing the vitality of the ‘primary assumption of risk defense,’ a doctrine that has been under fire in tort litigation since the landmark case of Morgan v. State of New York introduced it in 1997,” writes Brian W. McElhenny, a partner in Goldberg Segalla’s General Liability Practice Group. “In Morgan, the Court of Appeals held that participants in sporting or recreational activities assume commonly appreciated risks which are inherent in the sport or activity and flow from participation.”

In this article, Brian examines how the parameters of the doctrine have been hotly contested in a number of cases involving a variety of activities.

Read the article here: