Grotheer v. Escape Adventures, Inc.

Because hot air balloon operators are not common carriers, they can take advantage of the primary assumption of the risk doctrine and thus owe no duty of care as to risks inherent in the sport or activity of hot air ballooning—even if an injury is caused by pilot error in failing to adjust altitude properly…

Swigart v. Bruno

Plaintiff, a rider in an endurance horse race who was injured when defendant’s horse bolted after being kicked by a tailgating horse, could not recover in negligence action because she had assumed the risk; horse tailgating and its dangerous aftermath are a normal part of that sport.  One participant in an endurance horse race (of…

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…