Vine v. Bear Valley Ski Co.

Opinion

PARRILLI, J.

In personal injury cases arising from sporting activities, a defendant cannot be charged with a duty to protect the plaintiff from risks inherent in the sport. Those risks are borne by the plaintiff as a matter of law, under the “primary assumption of risk” doctrine. However, the defendant can be held liable for breaching the duty not to increase the risks encountered by the plaintiff beyond the level inherent in the sport. This is an aspect of “secondary assumption of risk,” which operates as part of the comparative fault scheme. The plaintiff’s acceptance of the risk is…