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UNDER PENNSYLVANIA LAW PLAINTIFF ASSUMED THE RISK OF INJURY ON A TRAMPOLINE WITH MULTIPLE JUMPERS (FIRST DEPT).

The First Department determined defendant’s motion for summary judgment in this Pennsylvania trampoline injury case was properly granted. Under Pennsylvania law, plaintiff assumed the risk of injury on the trampoline:

The record demonstrates conclusively that defendant cannot be held liable under Pennsylvania law for the injuries that plaintiff alleges she sustained while a guest at his Pennsylvania home when another guest jumping on a trampoline lost control and fell on her. A property owner may be held liable to “social guests,” as opposed to “business visitors” … , only if he “knows or has reason to know of the [dangerous] condition and should realize that it involves an unreasonable risk of harm” and “fails to exercise reasonable care to make the condition safe, or to warn the licensees of the condition and the risk involved,” and the guests “do not know or have reason to know of the condition and the risk involved” … . Plaintiff’s deposition testimony and affidavit demonstrate that she understood the risks involved in using the trampoline, including the risks of using it with multiple jumpers. Ramos v Hamelburg, 2018 NY Slip Op 03913, First Dept 5-31-18

​NEGLIGENCE (ASSUMPTION OF THE RISK, UNDER PENNSYLVANIA LAW PLAINTIFF ASSUMED THE RISK OF INJURY ON A TRAMPOLINE WITH MULTIPLE JUMPERS (FIRST DEPT))/ASSUMPTION OF THE RISK (TRAMPOLINES, UNDER PENNSYLVANIA LAW PLAINTIFF ASSUMED THE RISK OF INJURY ON A TRAMPOLINE WITH MULTIPLE JUMPERS (FIRST DEPT))/TRAMPOLINES (ASSUMPTION OF THE RISK, UNDER PENNSYLVANIA LAW PLAINTIFF ASSUMED THE RISK OF INJURY ON A TRAMPOLINE WITH MULTIPLE JUMPERS (FIRST DEPT))

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PLAINTIFF ENTITLED TO SUMMARY JUDGMENT ON HIS LABOR LAW 240 (1) CAUSE OF ACTION,... CLAIMANT WAS ASSAULTED ON TRANSIT AUTHORITY PROPERTY WHILE WEARING HER TRANSIT...