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Bicyclist Does Not Assume Risk of Defective Roadway
A bicyclist does not assume the risk of a defective roadway a New York appellate court ruled recently in Cotty v. Southampton, No. 2007-08536 (May 19, 2009). The court distinguished between sporting activities where participants generally assume the risk of injury during the activity and leisure activities where they do not. The plaintiff claimed that a failure to properly repair and pave the roadway on which she was riding caused her injuries.
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