Traditionally, a voluntary participant in a sporting or recreational activity assumes the risks which are inherent in and arise out of the nature of the sport or activity.

However the assumption of risk doctrine does not eliminate liability if the risk is unreasonably increased.  In  Georgiades v Nassau Equestrian Center at Old Mill, Inc at Old Mill, Inc., the plaintiff brought an action against the Equestrian Center after falling off a horse and injuring herself during a riding lesson. The defendant moved for summary judgment on the grounds that plaintiff, an experienced rider, was aware of and assumed the risk of falling. 

 In opposition, plaintiff argued that her riding instructor insisted she perform a maneuver with her feet out of the stirrups, which she was uncomfortable with and unable to do.  When plaintiff performed the maneuver, she fell and was allegedly injured. 

 The trial court granted defendant’s motion, but on appeal, the Second Department found that there was an issue of fact as to whether plaintiff’s discomfort with the maneuver increased the danger of that maneuver, and whether the plaintiff advised the instructor of her discomfort.  As a result, the Court found that the defendant was unable to establish that the riding instructor’s conduct had not unreasonably increased plaintiff’s exposure to the risk of falling, and their motion was denied. 

 Thanks to Sheree Fitzgerald for her contribution.

For more information, contact Denise Fontana Ricci at .