Riding a bicycle on a paved public roadway normally does not constitute a sporting activity for purposes of applying the primary assumption or risk doctrine.

In Rabun-Wood v. Fresh Direct Holdings LLC, plaintiff was riding her bicycle 15 miles per hour down a one-way street in Manhattan with cars parked on both sides of the roadway.  As she approached the intersection, she observed a Fresh Direct delivery truck parked on the right side.  As she was passing the left side of the truck, the truck’s door opened causing her to fall off her bike.  Plaintiff sued Fresh Direct.  Fresh Direct moved for summary judgment arguing that plaintiff’s voluntary operation of a bicycle bars her recovery pursuant to an assumption of risk doctrine since plaintiff assumed the risk inherent in riding her bicycle at least 15 mph on the busy and crowded streets of Manhattan.  The court denied the motion finding the assumption of risk defense cannot be extended to plaintiff who was participating in the activity of bicycling.

The assumption of risk defense is a useful tool for defense attorneys. However, it is extremely fact-sensitive. To that end, this decision illustrates Courts will not apply this doctrine to all sporting activities.

Thanks to Caroline Freilich for her contribution to this post.