What is the current state of the law on liability for negligent conduct in sports?

California, United States of America


The following excerpt is from American Golf Corp. v. Superior, 79 Cal.App.4th 30, 93 Cal.Rptr.2d 683 (Cal. App. 2000):

"As a general rule, persons have a duty to use due care to avoid injury to others, and may be held liable if their careless conduct injures another person. [Citation.] Thus, for example, a property owner ordinarily is required to use due care to eliminate dangerous conditions on his or her property. [Citation.] In the sports setting, however, conditions or conduct that otherwise might be viewed as dangerous often are an integral part of the sport itself." (Knight v. Jewett (1992) 3 Cal.4th 296, 315.) "In this respect, the nature of a sport is highly relevant in defining the duty of care owed by the particular defendant." (Ibid.) "Although defendants generally have no legal duty to eliminate (or protect a plaintiff against) risks inherent in the sport itself, it is well established that defendants generally do have a duty to use due care not to increase the risks to a participant over and above those inherent in the sport." (Id. at pp. 315-316.) "In some situations, however, the careless conduct of others is treated as an 'inherent risk' of a sport, thus barring recovery by the plaintiff." (Id. at p. 316.) "[R]esolution of the question of the defendant's liability in such cases turns on whether the defendant had a legal duty to avoid such conduct or to protect the plaintiff against a particular risk of harm. As already noted, the nature of a defendant's duty in the sports context depends heavily on the nature of the sport itself. Additionally, the scope of the legal duty owed by a defendant frequently will also depend on the defendant's role in, or relationship to, the sport." (Id. at pp. 316-317.)

Other Questions


What is the current state of the law on liability for negligence in sports injuries? (California, United States of America)
What is the current state of the law regarding liability for injuries sustained by reason of negligence or the maintenance of a nuisance after transfer of title? (California, United States of America)
What is the current state of the law on liability for negligent driving? (California, United States of America)
What is the current state of the law on liability for a successor's product? (California, United States of America)
What is the current state of the law in relation to the conduct of an attorney in business dealings between the attorney and client? (California, United States of America)
Does a state have immunity from liability under the state immunity principle? (California, United States of America)
What is the current state of the law on civil liability for sexual assault by a police officer? (California, United States of America)
What is the current state of the law on liability for a successor's product? (California, United States of America)
What is the current state or federal or state law on warrantless vehicle searches for identification? (California, United States of America)
What is the current state of the law on a defendant's aider and abettor liability? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.