The following excerpt is from Altman v. Ho Sports Company Inc., 1:09-cv-1000 AWI JLT (E.D. Cal. 2011):
"Manufacturers have an independent duty to make nondefective products that as a general rule will withstand application of primary assumption of risk principles." Ford v. Polaris Indus., Inc., 139 Cal.App.4th 755, 771 (2006). In a recreational equipment defect case where the purported defect is a failure of the product to eliminate or provide protection against an inherent risk of the sport, the court must assess the risks inherent in the sport "as part and parcel of ascertaining the scope of the manufacturer's duty." Id. Determining the inherent risks in a particular sport is "integral" to determining the defendant's duty of care. See id. "'Inherent' means involved in the constitution or essential character of something: belonging by nature or
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