Skiers Do Not Assume the Risk of Recklessness on the Part of Another Skier

The Fourth Department determined the doctrine of assumption of the risk did not rule out a novice skier’s lawsuit against a skier who ran into her. There was a question whether defendant’s conduct was reckless:

It is well established that, “by engaging in a sport orrecreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation” … . “While awareness or appreciation of such risks must be ‘assessed against the background of the skill and experience of the particular plaintiff’ . . . , ‘[t]he risk of injury caused by another skier is an inherent risk of downhill skiing’ ” … . Nevertheless, “a sporting participant ‘will not be deemed to have assumed the risks of reckless or intentional conduct’ ” … . “ ‘Generally, the issue of assumption of [the] risk is a question of fact for the jury’ ”… . Moore… v Hoffman, 138, 4th Dept 2-14-14