Assumption of the Risk

News & Analysis as of

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

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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