Assumption of Risk in New York: The Time Has Come To Pull the Plug on This Vexatious Doctrine

Authors

Danielle Clout

Document Type

Note

Abstract

(Excerpt)

This Note urges the Court of Appeals to abolish the unworkable doctrine of assumption of risk once and for all. Part I of this Note gives a general overview of the doctrine of assumption of risk. It explores the theoretical underpinnings behind the doctrine and gives a comprehensive view of assumption of risk as it has developed and been applied in New York. Part II discusses the difficulties the term "assumption of risk" causes throughout the legal system. In addition to discussing some widely-accepted views of the inherent complications of the doctrine, it discusses the specific challenges that arise in the New York context. Finally, Part III advocates the abolition of assumption of risk in New York in its entirety, either by court order or new legislation.