Court Rules Bicycling Is a 'Leisure' Activity, Finds No Assumption of Risk

Drawing a distinction between "sporting" and "leisure" activities, a Brooklyn-based appellate court has refused to dismiss a lawsuit filed by an avid Long Island bicyclist who was injured in an accident precipitated by roadway repairs.

The Appellate Division, 2nd Department, in Cotty v. Southhampton, 2007-08536, declined to apply the assumption-of-risk doctrine as a matter of law and ruled unanimously that the negligence action of Karen Cotty could proceed.

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