Assumption of Risk in Personal Injury Cases

In personal injury law, assumption of risk stands as a crucial legal doctrine, often determining whether an injured individual can receive financial compensation for their damages. At its core, assumption of risk dictates that a plaintiff cannot hold a defendant accountable for injuries if they knowingly and willingly accepted the risks associated with a particular activity. However, the application of this doctrine is nuanced, and it’s imperative for individuals navigating personal injury claims to comprehend its intricacies fully. Here, we delve into the depths of New York’s assumption of risk doctrine, shedding light on its implications and offering insights crucial for victims seeking justice.

New York’s Legal Landscape Regarding Assumption of Risk

Following New York’s transition to a comparative negligence state, injured parties gained the ability to seek compensation even if they bear partial responsibility for their accidents. This legal shift represented a departure from the stringent contributory negligence standard, which previously barred recovery for individuals deemed partially at fault. Consequently, the realm of assumption of risk also underwent substantial modification, becoming primarily applicable to cases involving sports and recreational activities.

Navigating Liability

It’s crucial to recognize that assumption of risk does not provide absolute immunity for negligent parties, including schools, organizations, businesses, and property owners. While these defendants may sometimes evade liability under this doctrine, they remain subject to legal scrutiny and potential accountability for injuries sustained in sports or recreational settings. However, plaintiffs must be equipped to demonstrate that they did not explicitly assume the specific risk leading to their injuries, highlighting the necessity of thorough legal representation and strategic advocacy.

Richard Nicotra

Founding Partner

Andrew Connelly

Managing Partner

Emily Oczytko

Associate Attorney

Recognizing the Nuances of Assumption of Risk

Delving deeper into the nuances of assumption of risk unveils the multifaceted nature of personal injury law. While the doctrine serves to delineate boundaries of liability, its application often hinges on various factors, including the plaintiff’s awareness, consent, and the specific circumstances surrounding the incident. Consequently, it is incumbent upon legal professionals and litigants alike to scrutinize each case meticulously, identifying pertinent details that may influence the outcome.

Mitigating Factors and Legal Strategies

In navigating personal injury claims involving assumption of risk, attorneys employ a myriad of legal strategies aimed at mitigating liability and securing favorable outcomes for their clients. From demonstrating the defendant’s negligence to challenging assertions of assumed risk, legal counsel plays a pivotal role in shaping the narrative and presenting a compelling case on behalf of the injured party. By leveraging a comprehensive understanding of relevant statutes, case law, and procedural intricacies, attorneys navigate the complexities of litigation, advocating for their clients’ best interests at every turn.


Richard Nicotra represented my husband for a motorcycle case. His professionalism and empathy during the case was exceptional. The professionalism Displayed by the firm and staff was truly appreciated.. I highly recommend Richard and his practice for any of your needs.”

- Lisa Isenberg


I used Andrew Connelly after I was in a car accident, and he has been my go-to for over 10 years when anyone has asked for a recommendation for a no-fault attorney. His knowledge, patience, and professionalism go a long way in making an often difficult and challenging situation easier. He is reliable, and someone you can trust to get the job done right. The 5 stars are well deserved."

- Andrea Mccarthy


Rick Nicotra from the Nicotra Law Firm PC is a very honest, knowledgeable, and genuinely caring attorney. Furthermore, he is very personable and always available for you whether it be a text, email, or phone call. Rick and his team are exceptional. They treat you like family and are second to none. I would recommend Rick Nicotra and his team from The Nicotra Law Firm PC."

- Chad

Educating the Public

As stewards of justice, legal professionals bear a responsibility to educate the public about their rights and obligations under the law. By disseminating accurate information and fostering awareness of legal principles such as assumption of risk, attorneys empower individuals to make informed decisions and navigate legal challenges with confidence. Through community outreach initiatives, informational seminars, and accessible resources, law firms contribute to the collective understanding of legal concepts, fostering a more equitable and just society.

Emerging Trends and Evolving Precedents

The landscape of personal injury law is not static; rather, it evolves in response to societal changes, technological advancements, and shifting judicial interpretations. As such, legal practitioners must remain vigilant in monitoring emerging trends and staying abreast of evolving precedents that may impact their practice. By embracing a culture of continuous learning and professional development, attorneys position themselves to adapt to changing circumstances and effectively advocate for their clients in an ever-evolving legal landscape.

Championing Justice

At its core, the pursuit of justice lies at the heart of the legal profession. Whether advocating for victims of negligence, holding accountable those responsible for wrongdoing, or championing the rights of the marginalized, attorneys serve as champions of justice, striving to uphold the principles of fairness, equity, and accountability. Through their unwavering dedication to the rule of law and the pursuit of truth, legal practitioners play a pivotal role in safeguarding the rights and liberties of individuals within society.

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Empowering Clients Through Knowledge and Advocacy

Central to the mission of The Nicotra Law Firm, PC is the empowerment of clients through knowledge and advocacy. By equipping individuals with a thorough understanding of their legal rights and options, our firm empowers clients to assert their interests and pursue justice with confidence and conviction. Through personalized attention, strategic counsel, and zealous representation, we stand alongside our clients at every stage of their legal journey, working tirelessly to achieve optimal outcomes and secure the compensation they deserve.

Building Trust Through Excellence and Integrity

Trust forms the cornerstone of any successful attorney-client relationship. At The Nicotra Law Firm, PC, we recognize the importance of earning and maintaining the trust of our clients through excellence and integrity in all that we do. By upholding the highest standards of professionalism, ethics, and transparency, we cultivate enduring relationships built on mutual respect, communication, and trust. Our unwavering commitment to our clients’ well-being drives us to pursue excellence in every aspect of our practice, ensuring that their interests always remain paramount.

Contact The Nicotra Law Firm, PC today to schedule a free consultation and take the first step towards securing the compensation and justice you deserve. Our experienced team of personal injury attorneys are here to provide you with personalized attention, strategic counsel, and zealous representation throughout your legal journey. Don’t navigate the complexities of your case alone—let us stand by your side and fight for your rights. Reach out to us now to learn more about how we can assist you.