Olsen v. Town of Richfield, 81 N.Y.2d 1024 (1993)

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A plaintiff’s reckless conduct can be the sole proximate cause of their injuries, even if a defendant breached a duty of care.

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Summary

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The New York Court of Appeals reversed the Appellate Division’s order, granting summary judgment to the County of Otsego. The court held that the sole legal cause of the plaintiff’s injuries, sustained when he dove into a shallow creek from a bridge, was his own reckless conduct. The plaintiff had extensive prior knowledge of the creek’s fluctuating water levels and the specific requirements for a safe dive. Because the plaintiff’s actions were the only cause of injury, the court did not address any breach of duty. This case highlights how a plaintiff’s actions can supersede a defendant’s negligence.

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Facts

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The plaintiff, an 18-year-old, sustained injuries after diving from a bridge owned by the County of Otsego into a shallow creek. The plaintiff admitted to knowing the creek’s water level fluctuated. He had explored the creek extensively to find the deepest water. The plaintiff had jumped from the bridge