Assumption of the Risk

News & Analysis as of

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

Real Estate Tip: Risky Risk Allocation

Landlords and tenants spend a good deal of time deciding how to share risk, how to insure against it, and whether or not to provide indemnities with respect to it. When the leased premises is a place of public accommodation,...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

Weekly Law Resume - January 24, 2013: Risky Business: California Extends The Primary Assumption Of Risk Doctrine

Smriti Nalwa v. Cedar Fair, L.P. SUPREME COURT OF CALIFORNIA (December 31, 2012) The primary assumption of risk doctrine prevents liability from attaching to operators, instructors, and participants in specific...more

Primary Assumption of the Risk - 20 Years Later, Nalwa Confirms the Vitality and Breadth of Knight.

Implicitly marking the 20th anniversary of its seminal decision in Knight v. Jewett, which established the doctrine of primary assumption of the risk, the California Supreme Court confirmed both the continuing vitality and...more

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