FOR BREAKING NEWS VISIT www.qns.com SEPTEMBER 28, 2017 • The Queens Courier 17 FOR BREAKING NEWS VISIT WWW.QNS.COM SEPTEMBER 28, 2017 • THE QUEENS COURIER 17
THE ZIP LINE
Q: My friend had installed a zip line between two trees. The seat failed
to brake, so I put my feet out in front of me until they hit the end tree – and I
was thrown backwards, off the seat and onto a boulder on the ground.
A: A participant in an athletic or recreational activity assumes known
risks and relieves the defendant of any duty to safeguard him from those
risks. However, a participant only consents to those commonly appreciated
risks which are inherent in and arise out of the nature of the sport generally
and flow from such participation – not concealed or unreasonably increased
Whether you were aware of the risk is crucial to determining
whether you assumed it, and this can only be assessed against the
background of your particular skill and experience.
The malfunctioning brake clearly enhanced the danger of the zip
line. You did not assume the risk of a non-working brake. Had you merely
lost your grip and fallen off the seat while riding the zip line, you would be
barred from recovery because that is an inherent risk of zip-lining. However,
your claim is that the zip line was negligently constructed by your
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