Beyond the Sidelines: Recognizing a Coach’s Role in Sports Under New York’s Primary Assumption of Risk Doctrine

Authors

Christopher J. Colbert

Document Type

Note

Abstract

(Excerpt)

This Note explores the New York Court of Appeals’s development of its primary assumption of risk doctrine. Ultimately, this Note argues that the New York Court of Appeals should adopt the Supreme Court of California’s recognition that the role of a coach is different than the relationship between coparticipants. Part I provides an overview of the origins of tort law in the sports context by examining New York and California’s common law assumption of risk doctrines. Part II analyzes how the New York Court of Appeals developed its primary assumption of risk doctrine differently than the Supreme Court of California. Part III distinguishes between coaches and athletes. Part IV proposes that the New York Court of Appeals should reinstitute its primary assumption of risk balancing framework.