California, United States of America
The following excerpt is from Baggay v. Linfield Christian Sch., D066859 (Cal. App. 2015):
caused by the defendant's breach. Liability in such cases is adjudicated under the rules of comparative negligence." (Gregory v. Cott (2014) 59 Cal.4th 996, 1001.)
"Applied in the sporting context, [primary assumption of the risk] precludes liability for injuries arising from those risks deemed inherent in a sport; as a matter of law, others have no legal duty to eliminate those risks or otherwise protect a sports participant from them. [Citation.] Under this duty approach, a court need not ask what risks a particular plaintiff subjectively knew of and chose to encounter, but instead must evaluate the fundamental nature of the sport and the defendant's role in or relationship to that sport in order to determine whether the defendant owes a duty to protect a plaintiff from the particular risk of harm." (Avila v. Citrus Community College Dist. (2006) 38 Cal.4th 148, 161.)
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