When a person voluntarily participates in a sporting event that carries inherent risks, essentially she consents to exposure to those risks thereby eliminating the duty that might otherwise be owed by the person sponsoring the event.  However, the risk must be appreciated by the participant.  In other words, the risk cannot be concealed or unreasonably increased.

The plaintiff in Pierre v. Ramapo Central School District sued to recover personal injury damages after being injured while competing in her high school’s self-defense tournament.  Defendant moved for summary judgment based on the doctrine of primary assumption of risk, arguing that plaintiff consented to the risk associated with the move that injured her when she voluntarily participated in the tournament.  The Court denied the motion, finding that defendant’s own evidence demonstrated that the risk associated with the move that injured the plaintiff was concealed and unreasonably increased. 

 The specific move itself was popularized by the Ultimate Fighter Championship (UFC), a mixed martial arts competition.  The teacher of the self-defense class, who was also the referee at the tournament, testified that he had neither extensive training nor certification in any of the various mixed martial arts whose moves were incorporated into his class.  The teacher further testified that although he had not taught the UFC move, he was aware that it was being used by students during class.  Defendant also submitted a recording of the tournament bout wherein the teacher observed plaintiff’s opponent using the move, but did not stop the bout or warn the opponent against using the move again.  Plaintiff was injured when her opponent used the move a second time.

 The Court held that under these circumstances, the risk of injury was not assumed by plaintiff, and defendant could not be relieved of its legal duty of care to her.     

Thanks to Sheree Fitzgerald for her contribution.

For more information, contact Denise Fontana Ricci at .