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Torts/Personal Injury

Feb. 5, 2024

Wipeout! Court rules assumption of the risk applies to surfing

Assumption of the risk applies to most sporting activities. Olson v. Saville adds to the long list of California cases holding that the only duty sporting coparticipants owe each other is the duty to not increase the inherent risks of the activity.

Michael E. Rubinstein

Law Office of Michael E. Rubinstein

433 N Camden Drive Suite 600
Beverly Hills , CA 90210

Phone: (213) 293-6075

Fax: (323) 400-4585

Email: Michael@rabbilawyer.com

Loyola Law School; Los Angeles CA

Michael is a Los Angeles-based personal injury and accident attorney.

Two surfers are riding tasty waves adjacent to each other at Miramar Beach in Santa Barbara. Surfer A "drops in" on Surfer B - surfer's parlance for cutting someone off - and Surfer B makes a sharp turn to avoid a collision. In the foamy chaos that follows, Surfer A's board smacks into Surfer B and causes injuries. Surfer B sues Surfer A.

You would be correct to conclude that Surfer B's lawsuit has no chance because of the assumption of th...

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