Bertsch v. Mammoth Community Water District

The doctrine of primary assumption of the risk barred suit for injuries sustained by a skateboarder who was riding the skateboard down a hill on the wrong side of a city street without a helmet on and hit a gap in the pavement.  Primary assumption of the risk barred suit for injuries sustained by a skateboarder who was riding the skateboard down a hill on the wrong side of a city street without a helmet on.  The skateboarder was participating in a risky sport for fun, not simply using the skateboard as a means of ordinary transportation, and since defendants had no organized relationship with him, they owed him no duty not to increase the risk of his skateboarding by assuring there were no gaps in the pavement over which he cruised.

California Court of Appeal, Third District (Hoch, J.); June 1, 2016; 2016 WL 3201383

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