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Trupia v. Lake George Central School District

Court of Appeals of New York

927 N.E.2d 547 (2010)

Relevant factsFree

Twelve-year-old Trupia (plaintiff) fell attempting to slide down a bannister while unsupervised at a school summer program, and the school district (defendant) argued he assumed the risk of falling, a risk he had apparently accepted before; the trial court granted dismissal, and the appellate court reversed.

IssueFree

Whether the defense of assumption of risk applies to children only when engaged in athletic or recreative activities.

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