In New York, a voluntary participant in a sporting or recreational activity assumes the risks inherent with such activity, and the assumption of risk doctrine will apply as an absolute bar to liability where the participant is aware of the risks; has an appreciation of the nature of the risks; and voluntarily assumes the risks. This doctrine has been applied to a variety of fact patterns over the years by New York courts.

In the recent case of Quintanilla v. Thomas School of Horsemanship,  the plaintiff was taking an intermediate horse riding lesson at the defendant’s facility with four other students. As the lesson was ending, two of the horses came in close proximity to one another, causing one horse to kick a wooden fence or gate and creating a loud noise. Plaintiffs alleged that the noise “spooked” the horse that the plaintiff was riding, causing it to rear or buck, and the plaintiff to fall off the horse.

The plaintiff had been riding horses for two to three years. Before the plaintiff participated in the lesson, the plaintiff’s parents signed a “Camp and Riding Instruction Agreement and Liability Release” which warned that the school’s horses, if frightened or provoked, may stop short, change direction or speed at will, buck, rear, kick, or run from danger. The defendant moved for summary judgment, arguing plaintiffs’ action was barred by the assumption of the risk doctrine. The trial court denied the defendant’s motion for summary judgment, holding that there was a question of fact as to whether the plaintiff’s claims were barred by the doctrine of assumption of the risk.

The Appellate Division, Second Department reversed the trial court’s denial of summary judgment and found that the doctrine of primary assumption of the risk did apply.   The appellate court found that the risks of falling from a horse or a horse acting in an unintended manner are risks inherent in the sport of horseback riding.  The court determined that defendants had demonstrated that the plaintiff assumed the risks inherent in riding a horse, including falling when the horse acted in an unintended manner when spooked by a noise caused by another horse. Plaintiffs failed to raise a triable issue of fact in opposition.

Thanks to Jorgelina Foglietta for her contribution to this post and please write to Mike Bono for more information.