Getting checked is an inherent risk of playing hockey

January 26, 2016

  • 272 Negligence
  • 272XVI Defenses and Mitigating Circumstances
  • 272k550 Assumption of Risk
  • 272k565 Sports, games and recreation

01-26-16.jpgThirteen-year-old participant in organized youth hockey game as matter of law assumed risk of being injured when she was allegedly “charged” and “cross-checked” from behind by opposing player, and thus could not recover for injuries sustained, even though conduct of opposing player violated league rules; participant, who had played hockey since age three, was aware that league allowed checking and that risk of injury existed, and opposing player’s conduct was not flagrant infraction unrelated to normal method of playing hockey.

Barton by Barton v. Hapeman, 674 N.Y.S.2d 188 (N.Y.A.D. 4 Dept., 1998)