Morgan v. State, 90 N.Y.2d 471 (1997)

Participants in sports and recreational activities assume the inherent risks of those activities, but owners/operators of facilities still owe a duty to make conditions as safe as they appear to be, and not to unreasonably increase the risks.

Summary

This case addresses the duty of care owed by owners/operators of athletic facilities to participants injured on their premises. The Court of Appeals consolidated four separate cases involving injuries sustained during recreational activities (bobsledding, karate, and tennis) to clarify the application of the assumption of risk doctrine. The court held that participants assume inherent risks, relieving owners/operators of liability for injuries stemming from those risks, but owners still have a duty to maintain reasonably safe conditions. The court affirmed dismissal in the bobsledding and karate cases, finding the injuries stemmed from inherent risks. However, it reversed in the tennis case, finding a torn net was not an inherent risk and could constitute negligence.

Facts

• Morgan: An experienced bobsledder crashed on a bobsled run owned and operated by the State of New York. The crash occurred after the bobsled tipped, and he was unable to slow down, resulting in the sled going through an opening in the wall of the exit run and crashing into a concrete abutment.
• Beck: A karate student was injured attempting a