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No Knock Out for Concealed Risks (NY)

July 1, 2016

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Recently, Judge Rivera in Supreme Court, Kings County, denied the defendant boxing gym, Fight Factory, LLC’s, motion for summary judgment after finding a concealed and unreasonable risk caused plaintiff’s injury. <em><a href="http://blog.wcmlaw.com/wp-content/uploads/2016/06/Tillayev-ex-rel-Deerkop-v-Fight-Factory-LLC.pdf">Tillayev ex rel Deerkop v Fight Factory LLC</a>,</em> 51 Misc.3d 1230(A) (Sup. Ct. Kings. Cty. 2016).
The assumption of risk doctrine is broad and protects gyms and sporting venues from injuries that are a reasonably foreseeable consequence of the sport. For a boxing gym, the doctrine embraces, for example, injuries from sparring or the odd hit.
While broad, the doctrine is not all encompassing. Plaintiff, an avid pugilist, who had danced on the canvas on over 30 occasions, broke his leg when his footwork found a “soft spot” on the canvas.
Plaintiff had never detected the soft spot before and was never warned about it. The Court se the soft and dangerous spot in the ring was a concealed and unreasonably dangerous risk.  And so, plaintiff won a TKO. But <em>Fight Factory </em>reminds us assumption of risk is not a defense against concealed dangers.  Thanks to Dana Purcaro for her contribution to this post.  Please email <a href="mailto:DWade@wcmlaw.com">Dennis Wade</a> with any questions.
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