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Castellanos v. Nassau/Suffolk Dek Hockey, Inc.

Citations: 232 A.D.2d 354; 648 N.Y.S.2d 143; 1996 N.Y. App. Div. LEXIS 9891

Court: Appellate Division of the Supreme Court of the State of New York; October 7, 1996; New York; State Appellate Court

Narrative Opinion Summary

In a personal injury action, the plaintiff appeals a ruling from the Supreme Court of Nassau County that dismissed his complaint against Nassau/Suffolk Dek Hockey, Inc. and Broad Properties, Inc. The court affirmed the dismissal, holding that the plaintiff, an experienced deck hockey player, assumed the risk of injury when he voluntarily participated in a game at the facility owned by Broad Properties and maintained by Dek Hockey. The court cited precedents establishing that participants in sports assume inherent risks associated with the activity. Additionally, the court upheld the enforceability of an injury waiver form signed by the plaintiff, which explicitly released the organizers and property owners from liability and acknowledged the risks involved in playing deck hockey. The ruling was supported by various case references, confirming the legal principles at play.

Legal Issues Addressed

Assumption of Risk in Sports

Application: The court applied the legal principle that participants in sports assume inherent risks associated with the activity, which led to the dismissal of the plaintiff's complaint.

Reasoning: The court affirmed the dismissal, holding that the plaintiff, an experienced deck hockey player, assumed the risk of injury when he voluntarily participated in a game at the facility.

Enforceability of Injury Waiver Forms

Application: The court upheld the enforceability of the injury waiver form signed by the plaintiff, which explicitly released the organizers and property owners from liability.

Reasoning: Additionally, the court upheld the enforceability of an injury waiver form signed by the plaintiff, which explicitly released the organizers and property owners from liability and acknowledged the risks involved in playing deck hockey.