The Court tempered this finding by stating that a co-participant does have a limited duty of care to refrain from intentionally injuring another participant or from engaging in conduct that is so reckless as to be totally outside the range of the ordinary activity involved in the sport. Assumption of risk refers to situations in which an individual acknowledges the risks associated with any activity, but chooses to take part regardless. YES, we are open. On appeal, the Appellate Court for the Second District reversed the ruling, holding that riding a scooter was covered by the primary assumption of the risk doctrine only when the activity involved an element of danger, required physical exertion and skill, and included a competitive challenge – none of these factors was presented to the trial court. This is because the person engaging in a sporting activity “assumes” the likelihood of risk at the hands of the co-participants. For example, courts have held that a plaintiff participating in a "pick-up" sports game impliedly assumes the risk of injury from the kind of contact that is typical to the sport. Unfortunately, despite the rulings in Shannon and Childs, since the Reason ruling, Courts have applied the primary assumption of the risk to many activities that many would not consider active engagement in a “sport.” Recently, in Truong v. Nguyen (2007) 156 Cal App 4th, 865, the Appellate Court for the Sixth District held that the decedent, whom was merely a passenger on the back of a personal watercraft, and was not operating the vehicle in any way, and whom was not involved in a competition, was engaged in a “sport.” The Court reasoned that, riding on the back of such a vehicle required one to hold on to either the operator of the vehicle or the grips located on the vehicle to avoid being thrown off the craft. She contributes to the improvement of both the local and legal communities, having provided pro- and low-bono legal services, and volunteering at legal clinics and other programs serving the community. The result, therefore, is that if you participate in sports, including golf, you assume the risks inherent with that sport. All rights reserved. The Appellate Court reasoned, “Based on the undisputed facts, applying the assumption of the risk doctrine to simply riding a scooter on a residential sidewalk would not further the purpose of the doctrine to protect sports and sports-related activities from the chilling effect of the liability caused by inherent risks in the activity.” The Appellate Court reasoned, “Application of the doctrine of assumption of the risk is determined by the manner in which equipment is used, not the manner in which it can be used, and merely using recreational equipment for pleasure does not trigger the doctrine. There have been some cases where the parties have fought to keep their activities from being classified as a “sport” and thus keep the primary assumption of the risk doctrine from applying. While it appears clear that the intention of the Knight ruling was to avoid the chilling effect that the imposition of legal liability would have on participation in sporting events, case law over the years has stretched the definition of what constitutes a “sport” for the purposes of the primary assumption of the risk. That said, it is much more common in premises liability cases and sports injury cases. Mr. Serrano has been admitted to practice before California State and Federal Courts. View Attorney Jean-Simon Serrano's Attorney Bio Here. In a case dealing with the doctrine of assumption of risk and the duty to provide a safe environment not just for participants but also for 3rd parties such as spectators, officials, and athletics facility employees, the Virginia Supreme Court relied on a long line of case precedents across the country in reaffirming the applicable legal standards. Last, the Court stated, “Falling or a comparable mishap is possible in any physical activity but is not necessarily an inherent danger of the activity.” Childs v. County of Santa Barbara (2004) 115 Cal. At present, there appears to be a split among jurisdictions as to the scope and application of the doctrine. © 2016 - 2020 Heiting & Irwin, APLC. With the Truong ruling, we seem to have come far afield of the original public policy reasoning for the ruling in Knight – the encouragement of vigorous participation in sports. Heiting & Irwin, APLC makes no representations or warranties in relation to this website or the information and materials provided on this website. In other words, the plaintiff knew the activity could possibly result in physical injury or property damage, but decided to assume the risk in order to have fun. App 4th 64, 73 [emphasis in original]. The Court further found that the plaintiff’s activities were too benign to invoke the doctrine and that, in the circumstances presented, the boat was simply a pleasurable means of transportation and not being used for “sport” as defined in the Reason case. In Childs, the plaintiff, an eleven year old, was injured after she rode her scooter over an uneven section of sidewalk. One who participates in sports "assumes the risks" which are inherent in the sport. Childs v. County of Santa Barbara (2004) 115 Cal. 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