HOROWITZ v. CHEN

1649, 152242/14.

141 A.D.3d 410 (2016)

35 N.Y.S.3d 60

KERI HOROWITZ, Respondent, v. ETHAN CHEN, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 5, 2016.


Plaintiff snowboarder was injured when, while standing at the base of a beginner ski slope and speaking with a friend, defendant struck her while skiing at approximately 20 to 30 kilometers per hour. Although there are inherent risks in the sports of skiing and snowboarding, "participants do not consent to conduct that is reckless, intentional or so negligent as to create an unreasonably increased risk" (Pantalone v Talcott, 52 A.D.3d 1148

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