Post on 18-Dec-2015
transcript
Primary Assumption of the Risk
• Duty Question- A person has no duty to protect others from the inherent risk of an activity. A risk is inherent if can be prohibited without discouraging vigorous participation in an activity.
• Knight v. Jewett – Touch Football
• 3 Cal 4th 296 (1992)
• Ford v. Gouin– Barefoot Waterskiing
• 3 Cal 4th 339 (1992)
TEST FOR ACTIVITIES THAT QUALIFY
• Sporting Activities “done for enjoyment or thrill, requires physical exertion as well as elements of skill and involves the chance of personal injury.”
Expansion of Doctrine to Other Activities
• Beniati v. Black Rock City , LLC, 175 Cal. App. 4th 650 (2009) (Burning Man)
Procedural Issues
• Summary Judgment
• Expert Testimony– Used to determine nature of activity– No need for an expert on topics of common
knowledge