Appeals
FMG Prevails in California Court Extending Assumption of Risk Doctrine to Surfing Injuries
FMG Attorneys Al Alikin, Brian Skalsky, Christian Nagy, and Chris Fleissner prevailed in a case of first impression before the California Court of Appeal in the matter of Olson v. Saville., 98 Cal. App. 5th…
FMG Attorneys Al Alikin, Brian Skalsky, Christian Nagy, and Chris Fleissner prevailed in a case of first impression before the California Court of Appeal in the matter of Olson v. Saville., 98 Cal. App. 5th 1066 (2024) In its unanimous opinion, certified for publication, the Court of Appeal affirmed the granting of judgment in our client’s favor by the trial court.
This case turned on the fundamental nature of surfing, an iconic California sport and hobby. This is the first appellate opinion on this topic in the nation. The underlying personal injury claim arose from a surfing accident at Miramar Beach in Montecito where one surfer collided with the fin of another surfer’s board. The injured plaintiff-appellant argued that our client recklessly violated surfing etiquette when he “dropped in” on the wave he was riding while riding a longboard without a leash, thus increasing the risk of injury. The trial court found that our client did not owe a duty to the plaintiff because those actions are inherent risks of surfing.
The Court of Appeal agreed, holding that the doctrine of primary assumption of risk bars liability for injuries caused by these kinds of accidents involving a fellow surfer, and that there is no evidence our client acted recklessly or increased the inherent risks of surfing. The court concluded that vigorous participation in surfing likely would be chilled if legal liability were to be imposed in these circumstances. The rationale behind the doctrine is that imposing such a legal duty would threaten to alter the sport or recreational activity or cause people to abandon it. Additionally, the Court of Appeal awarded costs to our client.
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