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Law Offices of Jonathan M. Cooper

New York Noncompete, Trade Secret & School Negligence Blog

This blog by the six-time published author Jonathan Cooper, is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of non-compete agreements, breach of contract matters, school negligence (and/or negligent supervision), construction accidentsslip and/or trip and fall accidentsauto accidents, and, of course, defective or dangerous products

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Jonathan Cooper
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Rollerblader Didn't Assume Risk of Uneven Driveway, Says NY Appeals Court

Author of the Free Guide to NY Accident Cases, "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," (www.TheNewYorkAccidentBook.com), Long Island & Queens, New York trip and fall and personal injury lawyer Jonathan Cooper discusses how an upstate appeals court reinstated the personal injury claim of a rollerblader that was injured when she tripped over a mis-leveled driveway. For additional information on this topic, please contact Jonathan Cooper directly at 516-791-5700.

Category: Keyword Search: play at your own risk

Jonathan Cooper
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Sometimes the courts get it right - and for the right reason.

In Nutley v. Skydive the Ranch, the plaintiff suffered personal injuries when he was forced to rely on his secondary chute rather than on his primary parachute which had failed. In their motion to dismiss the complaint, the Skydive ranch pointed out to the Court that before he embarked on the skydive, the plaintiff had signed an agreement in which he expressly waived his right to sue for the ranch's negligence.

But that's not why the appellate court dismissed the case: under New York law, any contract or agreement between the owner or operator of a facility and a paying customer stating that the owner may not be held liable for its negligence is void and unenforceable (see NY General Obligations Law 5-326). Instead, the appellate court noted that since the plaintiff's claimed injury resulted from a risk that was open and obvious, and inherently part of, the activity of skydiving, the plaintiff voluntarily assumed this risk, and therefore the defendant Skydive ranch could not be held liable for his injuries.

Category: Keyword Search: play at your own risk