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Assumption of Risk
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More than 10.000 documents for Assumption of Risk
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A licensed driver supervising an unlicensed learning driver should exercise reasonable care as an instructor and take steps to prevent negligence on the part of the driver with the learner's permit, according to the Appellate Division, Fourth Department. In a recent decision in Kuebler v. Kuebler (2011 NY Slip Op 09693), the Appellate Division ruled a jury may consider that the actions of the licensed driver contributed to his injuries and could reduce his recoverable damages.
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The assumption of risk defense should be interpreted in terms of comparative knowledge in cases involving negligent sexual transmission of AIDS. This approach would most effectively use tort law to contribute to deterring the spread of AIDS. In addition, it would resolve many inconsistencies in the current approach. The proposed comparative knowledge standard is supported by principles of contract law, such as unconscionability and misrepresentation, as well as by policy considerations.
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A jury in a federal employer liability case should have been explicitly instructed that the assumption of the risk defense did not apply, Maryland's highest court has ruled in ordering a new trial. The plaintiff's husband was an Amtrak employee who was electrocuted while inspecting overhead electrical lines on a span of railroad track.
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Release; ambiguous; negligence; primary assumption of the risk.
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Finding that the child plaintiff was not in a position to know that a particular gymnastics activity was one which required more foundational training and that she did not have the proper skill level to attempt it, a New York State Supreme Court judge dismissed the defendant's motion for summary judgment in a personal injury action. In Paul J. Micca and Wendy Micca, as Parents and Natural Guardians of Christina Micca, an infant v. Northern Hemisphere Gymnastics, Inc., the plaintiffs filed suit after their daughter suffered a broken arm when she fell off the uneven parallel bars during a gymnastics class hosted by the defendant. The defendant moved for summary judgment on assumption of risk grounds.
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The assumption of the risk doctrine is not available as a defense in a negligent supervision case against a school, New York's highest court has ruled. The plaintiff's son was seriously injured when he slid down a banister and fell. The plaintiff sued the school for negligent supervision.
