RECREATIONAL SPORTS: YOU NEED PROTECTION

????♂????? California offers some of the best recreational activities. It’s one of the few places where you can go skiing and surfing on the same day. In 2022, one study reported that California had the highest number of emergency room visits due to injuries from recreational activities. So, it’s no surprise that we often get inquiries from folks wondering about their rights after an injury from their participation in a recreational activity. Sometimes we can help, and unfortunately, sometimes we can’t. It has to do mostly with the Primary Assumption of Risk.

A recent case?Olson v. Saville, explored the significance of understanding this doctrine, particularly in the context of sports-related injuries. The court examined the primary assumption of the risk of surfing injuries, providing valuable insights into how it operates in practice.

So, what exactly is the Primary Assumption of Risk?

In simple terms, the Primary Assumption of Risk refers to the inherent dangers or risks that participants willingly accept when engaging in certain activities. These risks are considered inherent to the activity itself and are therefore “assumed,” meaning accepted by participants, which limits the liability of other participants or organizers for resulting injuries. If you’ve participated in recreational activities offered by an organizer of sorts, you were likely asked to sign a waiver by the organizer to that effect—further materializing their limitation of liability.?

In?Olson v. Saville, a surfer failed to use a leash on their longboard, which resulted in their longboard severely injuring another surfer. The court recognized that certain risks, such as collisions between surfers and the choice not to use a leash on a longboard, are inherent to the sport. As a result, participants are expected to be aware of and accept these risks as part of their involvement in surfing, and therefore, the court concluded that the assumption of risk bars liability.

Understanding the Primary Assumption of Risk is crucial for all sports enthusiasts, as it not only clarifies your rights and responsibilities but also promotes safety and informed decision-making while engaging in recreational activities.

Here are a few key takeaways to remember:

? Know the Risks: Familiarize yourself with the inherent risks associated with your chosen sport or activity. ??♀?????

? Assumed Risks: Understand that by participating, you are accepting certain risks as part of the activity. ??

? Safety Measures: Take appropriate safety precautions to minimize the risk of injury to yourself and others. ???

By being informed about the Primary Assumption of Risk, you can better navigate the legal landscape surrounding sports-related injuries and make informed choices to safeguard your well-being.

Stay safe, stay informed, and keep enjoying the activities you love! ??