Neighbors Attempt to Make Rollerblading on Their Dangerous Property “At Your Own Risk” Fails

In Custodi v. Town of Amherst, 2012 WL 5305789 (October 30, 2012), the plaintiff broke her hip when she tripped and fell while rollerblading in her residential neighborhood. She fell as she attempted to rollerblade from the sidewalk into the street when one of her skates allegedly struck a two-inch height differential where the edge of defendants’ driveway met a drainage culvert that ran the length of the street. The Court of Appeals rejected the defendants’ motion to dismiss the lawsuit by contending that plaintiff necessarily assumed the inherent risk of a fall by choosing to rollerblade on their … Read the rest