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Cyclists Don’t Assume the Risk of Bad Roads (NY)
June 30, 2009
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Generally, participants in sporting activities are found to assume those risks which are inherent to that sport. Risks inherent in a sporting activity are those which are known, apparent, natural, or reasonably foreseeable consequences of the participation.
In <i>Cotty v. Town of South Hampton</i>, plaintiff, a cyclist, was injured while avoiding a road defect. The defendants argued that plaintiff assumed the risk and moved to dismiss. A New York appellate court held that, as a matter of law, a cyclist does not assume the risk of a negligently maintained roadway. The Court held that, unlike situations involving mountain biking or off-road riding, an irregular surface is not a challenge that should be part of the sport.
<a href="http://www.nycourts.gov/reporter/3dseries/2009/2009_04020.htm">http://www.nycourts.gov/reporter/3dseries/2009/2009_04020.htm</a>