Knight v. Jewett

Citation

3 Cal. 4th 296 (1992)

Facts

Stub — to be completed.

Issue

Stub — to be completed.

Holding

Stub — to be completed.

Rule

Primary assumption of risk — where a plaintiff knowingly and voluntarily participates in a sport or recreational activity that inherently involves a risk of injury — operates as a complete bar to recovery, not merely a comparative fault reduction; a co-participant’s liability is limited to reckless or intentional conduct.

Significance

Distinguished primary from secondary assumption of risk after California’s adoption of comparative negligence in Li v. Yellow Cab; primary assumption of risk survives comparative fault and bars recovery entirely for inherent risks of voluntary activities.

Courses