Does a ski boat driver have a duty of care to assist a skier in making a sharp turn?

In the companion case, Ford v. Gouin, supra, 3 Cal.4th 339, 11 Cal.Rptr.2d 30, 834 P.2d 724, the court applied the limited duty of care to the noncompetitive "cooperative" sport of water-skiing. The court reasoned, even when the water-skier is not involved in competition, the skier has undertaken "vigorous, athletic activity," and the ski boat driver operates the boat in a manner consistent with the excitement and challenge of the active conduct of the sport. Imposition of legal liability on a ski boat driver for ordinary negligence in making too sharp a turn or in pulling the skier too rapidly or too slowly would have the same kind of undesirable chilling effect on the driver's conduct as well as a generally deleterious effect on the nature of the sport of water-skiing as a whole. Additionally, imposing such liability might deter friends from voluntarily assisting one another in such potentially risky sports.

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