Assumption of the Risk

News & Analysis as of

Pokémon Oh No! Augmented reality raises specter of personal injury claims: M&R Blog

There’s no denying it—Pokémon have taken over the country and, as of the popular app’s launch in more than 30 countries over the past few weeks, the world. As the media is eager to point out, the game’s launch has not been...more

Skateboarding Moves Further under the Primary Assumption of the Risk Umbrella

The California Court of Appeal for the Third Appellate District recently upheld a trial court's motion for summary judgment ruling in favor of Sierra Star Community Association ("HOA") and Mammoth Community Water District...more

Construction Managers At-Risk May Assert Spearin Doctrine Claims

It is widely known that a project owner impliedly warrants to the contractor the suitability of its design documents. This is known as the Spearin Doctrine, named after the 1918 U.S. Supreme Court decision, United States v....more

The California Court of Appeal Affirms that the Primary Assumption of Risk Doctrine Bars a Delivery Driver’s Negligence Action...

In Moore v. William Jessup University 2015 DJDAR 13751, the California Court of Appeal, Third Appellate District, affirmed the trial court’s granting of summary judgment in a delivery driver’s negligence action against a...more

Primary Assumption of Risk – Subjective Awareness and Increasing Risk Beyond Inherent Risk

Scott Griffin v. The Haunted Hotel, Inc. - Court of Appeal, Fourth Appellate District (November 20, 2015) - Since the landmark case, Knight v. Jewett (1992) 3 Cal 4th, 296, it has been held in California that the...more

BOO! Running From Chainsaw Wielding Actor then Falling is an Inherent Risk of a Haunted Attraction

In Griffin v. The Haunted Hotel, Inc. (filed 10/23/15; certified for publication 11/20/15), the California Court of Appeal, Fourth Appellate District, affirmed summary judgment in favor of the defendant haunted attraction...more

Man assumed the risk of injury from chainsaw-wielding psychopathic killer

Perfectly timed for Halloween 2015, the California Court of Appeal held that a haunted house patron who was injured while running away from an actor carrying a gas powered chainsaw (without the chain) assumed the risk and...more

Ghouls and Goblins Win Major Court Victory Right Before Halloween!

Woodland Hills Personal Injury lawyer Barry P. Goldberg may not believe in evil spirits and the undead and certainly would not represent them in court. However, this Halloween the California Court of Appeal has handed the...more

Premises Liability Claims at the Ballpark

When you attend a baseball game with your family, are you at risk of sustaining a serious injury? If you do get hurt, can you bring a premises liability lawsuit, alleging that the owner of the stadium or the team was...more

Consequential Loss in Energy Commodity Contracts

Energy commodity contracts can be of significant monetary value, and their breach may expose the defaulting counterparty to significant liabilities for contractual damages. In considering potential liabilities, contracting...more

Summary of California Appellate Decisions -August 2015

Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct - Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) - Facts: This is an...more

Making The California Assumption Of Risk Doctrine Work For You

The doctrine of assumption of risk is a legal defense that may operate to relieve a California owner or occupier of and from liability to third parties who are injured on their premises. One species of the doctrine, primary...more

Saving Fans from Themselves (and Foul Balls): Class Action suit aims to raise nets and take down the Baseball Rule

“The slaughter pen” is the early 1900s term to describe the seating area behind baseball’s home plate before the age of nets or fencing shielded them from wild pitches and foul balls. While the game has come a long way...more

Equine Liability: Am I Responsible if my Horse Injures Someone?

It’s your worst nightmare. Your horse just injured someone. It was the final riding lesson of the evening. During the short 30-minute lesson, a student that has been riding with you for six months suffered a serious injury...more

Product Liability Update - April 2015

In This Issue: - First Circuit Holds State Law Claims Against Drug Manufacturer for Allegedly Misleading Efficacy Representations in FDA-Approved Label Preempted by Food, Drug & Cosmetic Act Because Plaintiffs’...more

Torts – Negligence – Assumption of the Risk

Robert Fazio, Jr. v. Fairbanks Ranch Country Club - Court of Appeal, Fourth Appellate District (January 29, 2015) - Primary assumption of the risk completely bars a plaintiff’s recovery. However, summary...more

Release of Liability Agreement Extinguishes Duty of Ordinary Care

On January 27, 2015, the California Court of Appeal, Fourth Appellate District, in Eriksson v. Nunnink (Case No. E057158), held a release of liability between Decedent and Defendant was enforceable as a defense to the...more

Win Some, Lose Some: Assumption of Risk Defense Fails for Sports Complex Owners; Claims Against Dome Seller Dismissed

A plaintiff bringing product liability and premises liability claims against multiple defendants in an effort to cover all bases often leads to different legal defenses among classes of co-defendants and a scattered offense...more

Torts – Negligence – Assumption of the Risk

Tanya Honeycutt v. Meridian Sports Club, LLC - Court Of Appeal, Second Appellate District (November 6, 2014) - The primary assumption of the risk doctrine has been used by courts to provide immunity from suit...more

Court Rejects Insurer’s Argument That It Contracted To Its Reinsurer All Obligations Owed Under A Ceded Policy

A federal district court has denied an insurer’s motion for summary judgment on a breach of contract claim, rejecting Liberty National Life’s argument that it contracted to its reinsurer all obligations owed under a ceded...more

Assumption of Risk on the Field of Play – A 2014 New York Roundup

Assumption of Risk is a simple doctrine. If you head down the ski slope, you assume the risk that you will wipe out – or that another skier will lose control and smack into you. If you play baseball, you assume the risk that...more

Fifth Circuit Holding Breathes Life Back Into the Contractual Liability Exclusion

Liability insurance policies typically exclude coverage for obligations arising out of the insured’s “assumption of liability in a contract or agreement.” Earlier this year, the Texas Supreme Court took a narrow view of this...more

By Participating in a Sport this Summer, You are Probably "Assuming the Risk" of Injury

As we approach summer and the beautiful Southern California weather, many of us are engaging in sports and recreational activities that could result in injury. Woodland Hills personal injury attorney, Barry P. Goldberg,...more

Do Referees Face Liability for Their Decisions in Sports Contests?

The doctrine of assumption of risk is a familiar one in the sports-torts arena. The general rule is that an athlete assumes the normal, commonly appreciated risks associated with playing his or her particular sport. It cannot...more

Three Point Shot - January 2013

In This Issue: - Take Me Out To the Ball Game, But Keep Me Away From the Flying Hotdogs - Full Court Press Gets Young Women the Right to Play AND Be Cheered - Will Dorsett be able to “Heisman” SER Media?...more

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