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Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, roads/trails (public or private), courts, or other areas, locker rooms, sidewalks, open bodies of water, swimming pools, swim flumes, parking lots, stairs, whirlpools, saunas, steam rooms, or other general areas of any facilities, or any equipment.
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18. 232 N. Y. 176; 133 N. E. 437. In this case the plaintiff and his cousin, who were passengers on the defendants’ electric railway, were standing on the platform of a car which gave a violent jerk when crossing a bridge. As the doors of the platform had negligently been left open, the cousin was thrown out and disappeared into the night.
CPLR 1411. Notwithstanding the enactment of CPLR 1411, the assumption of the risk doctrine survived in one limited context to this day: “Though we have acknowledged that the assumption of risk doctrine may not ‘sit comfortably’ within the landscape of comparative fault, it remains in full force in the limited context of athletic and ...
Cases involving voluntary assumption of risk and intoxication Dube v Labar: a prime example of “willing passenger” case - Facts: - At trial, Dube’s claim of negligence was dismissed because of Labar’s defence that Dube voluntarily assumed risk when he got in as passenger.
26 set 2014 · In Hemady v. Long Beach Unified School District (2006), the negligence claim involved the failure of the instructor to properly supervise students to prevent injury to one another during a golf unit. The plaintiff, a middle school student, sued for injuries she sustained when she was struck in the mouth by another student swinging a golf club during a physical education class.
