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Applied Assumption of Risk

In: Other Topics

Submitted By socalchango
Words 1311
Pages 6
TO: Larry Craig
FROM: Applicant
RE: Adair v. Oldfield, Implied Assumption of Risk
DATE: January 5, 2014

1) Whether the risks that Adair faced were inherent in the activity of rock climbing?
2) Which statements by Williams would be admissible at trial?

1) Yes. Defendant owes no duty to protect Adair from the harm he alleges because an inherent risk of rock climbing includes the negligence of co-participants as well as the danger of falling.
2) At trial, Williams will be able to offer his opinion as to the cause of the accident, but will be barred from any testimony regarding any risks inherent to the sport of rock climbing.

The Supreme Court case of Knight v. Jewett (1992) [hereinafter “Knight”] held that implied assumption of risk focuses on the legal question of duty. The Court reasoned that the ultimate question is whether the defendant has a duty to protect the plaintiff from a particular harm. If the defendant is found to owe no such duty, then that lack of duty operates as a complete bar to recovery.
Risk of Injury by Co-Participants

In Staten v. Superior Court (1996) [hereinafter “Staten”] the Columbia Court of Appeal applied the holding of Knight to a case involving an injured figure skater. In that case, a nearby skater cut the plaintiff with her skate during the execution of a spinning maneuver. The defendants moved for summary judgment on the ground of implied assumption of risk. The trial court denied the motion, holding that being cut by the blade of another skater is not an inherent risk of figure skating. See Id. at 5. The Court of Appeal reversed. The court reasoned that skating is analogous to skiing, and that case law dealing with skiing “uniformly hold that one skier assumes the risk or collision with another.” Id. at 6. Consequently,...

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