Wade Clark Mulcahy LLP

The Fourth Department’s recent February 2009 decision in <i>Williams v. Clinton Central School District</i>, upholds New York’s long-standing assumption of risk doctrine. In this case, Williams, a high school senior, commenced suit against her school district for injuries sustained while performing a cheerleading stunt. She alleged that the school unreasonably increased the risk of injury by failing to provide a matted surface during practice. In upholding the dismissal of plaintiff’s complaint, the Fourth Department held that although the school district was under a duty to exercise reasonable care to protect student athletes, the risk of performing cheerleading stunts on a non-matted surface was open, obvious, and inherent in plaintiff’s participation in the activity.
Thanks to Lora Gleicher for her contribution to this post.
<a href="http://www.nycourts.gov/reporter/3dseries/2009/2009_00742.htm">http://www.nycourts.gov/reporter/3dseries/2009/2009_00742.htm</a>