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Law Offices of Jonathan M. Cooper

Q:
Can the assumption of risk doctrine be used to bar my child's negligent supervision claim under New York law?

A:
As noted in our recent blog post, "NY Court Holds Child's Risky Behavior Doesn't Bar School Negligence Claim," the short answer to this question is no, not unless your child was engaged in an "athletic or recreative activity," in which case the school is insulated from liability as a matter of law.
Jonathan Cooper
Non-Compete, Trade Secret and School Negligence Lawyer