Knight v. Jewett, 3 Cal. 4th 296; 834 P.2d 696; 11 Cal. Rptr. 2d 2; 1992 Cal....
Knight v. Jewett, 3 Cal. 4th 296; 834 P.2d 696; 11 Cal. Rptr. 2d 2; 1992 Cal. LEXIS 3969; 92 Cal. Daily Op. Service 7261; 92 Daily Journal DAR 11765; 92 Daily Journal DAR 11870 Kendra Knight, Plaintiff...
View ArticleMost references in case law to assumption of the risk are to this California...
The definition of primary and secondary assumption of the risk was clearly set forth in this decision. This decision also related primary assumption of the risk with the inherent risk of an activity....
View ArticleKindrich III et al., v. Long Beach Yacht Club et al., 167 Cal. App. 4th 1252;...
Kindrich III et al., v. Long Beach Yacht Club et al., 167 Cal. App. 4th 1252; 84 Cal. Rptr. 3d 824; 2008 Cal. App. LEXIS 1705 Carl Kindrich III et al., Plaintiffs and Appellants, v. Long Beach Yacht...
View ArticleAssumption of the Risk to be a bar to a claim the defendant must not owe a...
The old idea of you knew what you were doing could result in an injury, and you did it anyway does not necessarily prevent lawsuits now days. Kindrich III et al., v. Long Beach Yacht Club et al., 167...
View ArticleKindrich III et al., v. Long Beach Yacht Club et al., 167 Cal. App. 4th 1252;...
Kindrich III et al., v. Long Beach Yacht Club et al., 167 Cal. App. 4th 1252; 84 Cal. Rptr. 3d 824; 2008 Cal. App. LEXIS 1705 Carl Kindrich III et al., Plaintiffs and Appellants, v. Long Beach Yacht...
View ArticleAssumption of the Risk to be a bar to a claim the defendant must not owe a...
The old idea of you knew what you were doing could result in an injury, and you did it anyway does not necessarily prevent lawsuits now days. Kindrich III et al., v. Long Beach Yacht Club et al., 167...
View ArticleMoser v. Ratinoff, 105 Cal. App. 4th 1211; 130 Cal. Rptr. 2d 198; 2003 Cal....
Moser v. Ratinoff, 105 Cal. App. 4th 1211; 130 Cal. Rptr. 2d 198; 2003 Cal. App. LEXIS 138; 2003 Cal. Daily Op. Service 987; 2003 Daily Journal DAR 1320 Christian Moser, Plaintiff and Appellant, v....
View ArticleThis California decision looks at assumption of the risk as it applies to...
A negligence per se claim can be stopped if the plaintiff assumed the risk under California law. This is probably a rare look at negligence per se in the fifty states. Moser v. Ratinoff, 105 Cal. App....
View ArticleOchall et al., v. McNamer et al., 2016-Ohio-8493; 2016 Ohio App. LEXIS 5337
Ochall et al., v. McNamer et al., 2016-Ohio-8493; 2016 Ohio App. LEXIS 5337 Andrea Ochall et al., Plaintiffs-Appellants/Cross-Appellees, v. William M. McNamer et al., Defendants-Appellees, Mark...
View ArticleOhio Appellate decision defines assumption of the risk under Ohio law and...
Spectators are always the biggest risk of many outdoor recreational activities. Even if they are behind fences or lines, the creep closer to the event and if a competitor leaves the track or run, it is...
View ArticleSoderberg, v. Anderson, 906 N.W.2d 889, 2018 Minn. App. LEXIS 47 (Minn. Ct....
Soderberg, v. Anderson, 906 N.W.2d 889, 2018 Minn. App. LEXIS 47 (Minn. Ct. App., Jan. 16, 2018) Julie A. Soderberg, Respondent, v. Lucas Anderson, Appellant. No. A17-0827 Supreme Court of Minnesota...
View ArticleBarth v. Blue Diamond, LLC (d/b/a Blue Diamond MX Park),
Barth v. Blue Diamond, LLC (d/b/a Blue Diamond MX Park), Scott Barth, Plaintiff, v. Blue Diamond, LLC (d/b/a Blue Diamond MX Park), a Delaware corporation, The East Coast Enduro Association, Inc., a...
View ArticleTuttle et al., v. Heavenly Valley, L.P., 2020 Cal. App. Unpub. LEXIS 814,...
Tuttle et al., v. Heavenly Valley, L.P., 2020 Cal. App. Unpub. LEXIS 814, 2020 WL 563604 Grant Tuttle et al., Plaintiffs and Appellants, v. Heavenly Valley, L.P., Defendant and Respondent. G056427...
View ArticleConvoluted procedural issues at the trial court, created a ripe field for...
Once the jury found there was no gross negligence on the part of the plaintiff, the release stopped all other claims of the plaintiff. Tuttle et al., v. Heavenly Valley, L.P., 2020 Cal. App. Unpub....
View ArticleYour release cannot use the term “inherent risk” as the description of the...
California appellate court reviews numerous issues brought by plaintiff in this skier v. skier fatality. Most important issue is the relationship between Assumption of the Risk in California and a...
View Article
More Pages to Explore .....