assumption of risk defense (Massachusetts) · Go Syfert
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assumption of risk defense in Massachusetts

6 Massachusetts opinions name it 3 courts 1907–2015 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
O'Sullivan v. Shawgreen
mass · 2000 · cited in 2 Massachusetts opinions naming this issue, 2003–2007
2 sentences

2007Id. at 207 .

2003O’Sullivan v. Shaw, supra at 205 (summary judgment properly entered for defendant pool owner, where injury resulted from plaintiff’s dive into shallow end of pool).

12
Kavanagh v. Trustees of Boston Universitygreen
mass · 2003 · cited in 1 Massachusetts opinions naming this issue, 2015–2015
1 sentence

2015The judge rested his ruling in part on Kavanagh v. Trustees of Boston Univ., 440 Mass. 195, 196 (2003), in which a Boston University basketball player during an intercollegiate basketball game punched and broke the nose of an opposing player.

11
Avila v. Citrus Community College Districtgreen
cal · 2006 · cited in 1 Massachusetts opinions naming this issue, 2015–2015
1 sentence

2015Cf. Avila v. Citrus Community College Dist., 38 Cal. 4th 148, 161-162 (2006) (despite doctrine of assumption of risk, “the host school and its agents owe a duty to home and visiting players alike to . . . not increase the risks inherent in the sport”).

11
Lyon v. Morphewgreen
mass · 1997 · cited in 1 Massachusetts opinions naming this issue, 2000–2000
1 sentence

2000See, e.g., Lyon v. Morphew, supra; Thorson v. Mandell, supra; Toubiana v. Priestly, supra; Young v. Atlantic Richfield Co., supra; Polak v. Whitney, supra at 354 .

11
Hietala v. Boston & Albany Railroadgreen
mass · 1936 · cited in 1 Massachusetts opinions naming this issue, 1986–1986
1 sentence

1986Similar language was used in discussing “assumption of the risk,” see e.g., Hietala v. Boston & A.R.R., 295 Mass. 186, 189-190 (1936), and the discussion in Correia merely reflects that unreasonable use which bars an action for breach of warranty, like the doctrine of assumption of risk, rests upon several “familiar common law principles.” Hietala at 190 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Thorson v. Mandell green
mass · 1988
1 sentence

2000See, e.g., Lyon v. Morphew, supra; Thorson v. Mandell, supra; Toubiana v. Priestly, supra; Young v. Atlantic Richfield Co., supra; Polak v. Whitney, supra at 354 .

12000–2000
Polak v. Whitney green
massappct · 1985
1 sentence

2000See, e.g., Lyon v. Morphew, supra; Thorson v. Mandell, supra; Toubiana v. Priestly, supra; Young v. Atlantic Richfield Co., supra; Polak v. Whitney, supra at 354 .

12000–2000
Toubiana v. Priestly green
mass · 1988
1 sentence

2000See, e.g., Lyon v. Morphew, supra; Thorson v. Mandell, supra; Toubiana v. Priestly, supra; Young v. Atlantic Richfield Co., supra; Polak v. Whitney, supra at 354 .

12000–2000
Kendall v. City of Boston neutral
mass · 1875
1 sentence

1907Kendall v. Boston, 118 Mass. 234 , also relied upon by the defendant, is distinguishable on the ground that there were many other persons in the vicinity and it was not shown that the act of some of these may not have caused the harm.

11907–1907
Hofnauer v. R. H. White Co. neutral
mass · 1904
1 sentence

1907White Co. 186 Mass. 47 , was rested on the doctrine of assumption of risk.

11907–1907

Where else courts name it

NY 313 (1927–2026) CA 206 (1909–2025) IL 55 (1909–2023) PA 45 (1910–2024) OH 42 (1941–2025) GA 39 (1934–2025) MD 34 (1963–2017) MI 29 (1910–2021) MS 29 (1955–2018) MN 28 (1952–2019) WA 26 (1948–2025) IA 24 (1903–2022) KS 23 (1915–2026) LA 21 (1937–2004) MO 20 (1904–1995) VA 17 (1916–2017) CT 16 (1942–2020) TX 15 (1972–2025) AZ 14 (1966–2013) IN 13 (1901–2011) NC 13 (1902–2025) FL 13 (1915–2013) UT 11 (1916–2021) OR 9 (1908–1984) NE 9 (1984–2020) CO 9 (1959–2020) WV 9 (1972–2001) DC 9 (1980–2013) ID 8 (1968–2025) SC 8 (1965–2025) HI 8 (1965–2023) NM 7 (1961–1996) MT 7 (1906–2016) AL 6 (1951–1994) NJ 6 (1911–2026) MA 6 (1907–2015) VT 6 (1912–1994) OK 6 (1913–1997) DE 6 (1978–2022) ND 6 (1923–1990) WY 6 (1967–2012) RI 6 (1980–2014) SD 5 (1935–2008) WI 4 (1949–2024) TN 4 (1928–1998) AR 4 (1932–2019) KY 4 (1952–2005) AK 4 (1968–1991) NH 2 (1924–2010) NV 2 (2017–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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