What The Hookah?! Assumption of the Risk Doctrine Does Not Apply To Accident At Hookah Lounge

In Gilliard v. Manhattan Nuvo LLC, New York’s Appellate Division, First Department held that the assumption of the risk doctrine did not extend to an accident at a birthday party at a hookah (a water pipe used to smoke specially curated tobacco) lounge. Although the birthday party at the premises was arguably a place of “recreation” that could implicate the assumption of the risk doctrine, the plaintiff was not engaged in a sporting activity. Although attending a birthday party may be viewed as…
By: Segal McCambridge