Braun v. Davos Resort, Inc.
Court: Appellate Division of the Supreme Court of the State of New York; July 28, 1997; New York; State Appellate Court
In the case regarding personal injury damages, the plaintiff, an infant who was 13 years old at the time of the incident, appealed a Supreme Court order that granted the defendant, Davos Resort, Inc., summary judgment dismissing the complaint. The plaintiff was injured while skiing on an expert slope at Davos when he attempted to avoid two stopped skiers, slid over an icy patch, and subsequently crashed into a rock after veering into the woods. The plaintiffs alleged negligence against Davos for not adequately designing and maintaining the ski trail, citing hazards from steep gradients and the absence of safety fences. The defendant moved for summary judgment on the grounds that the plaintiff had assumed the risk associated with skiing. The Supreme Court agreed, affirming that participants in recreational activities are presumed to consent to known and foreseeable risks inherent in those activities. The ruling emphasized that a landowner's duty is to protect participants from unassumed, concealed, or unreasonably increased risks, but if the risks are observable and fully comprehended, the duty is satisfied. The court noted that the slope's gradient was a foreseeable aspect of skiing on an expert trail, which the plaintiff had navigated several times before. Consequently, the court found that the plaintiff assumed the risk of his injuries and failed to present any viable argument that the conditions constituted concealed or unreasonably increased risks. Thus, the court affirmed the dismissal of the complaint, concluding that the assumption of risk doctrine served as a complete defense for the defendant. All judges concurred in this decision.