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California statute allowing law enforcement to close land for avalanche risk...
§ 409.6. Power of peace officers to close area after avalanche; Unauthorized entry (a) Whenever a menace to the public health or safety is created by an avalanche, officers of the Department of the...
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In most cases, you assume the risk of the risks of the sport (but not all)...
In this case, the defendant was snowboarding without a retention strap. His snowboard got away from him hitting a young girl. The California Appellate Court held this was not a risk the plaintiff...
View ArticleCampbell v. Derylo, 75 Cal. App. 4th 823; 89 Cal. Rptr. 2d 519; 1999 Cal....
To Read an Analysis of this decision see In most cases you assume the risk of the risks of the sport (but not all) unless the defendant did something to increase that risk to you. Campbell v. Derylo,...
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The risk of hiking over lava fields is an obvious risk; falling while hiking...
Plaintiff signed up on a cruise ship to hike on a lava field. She was fully informed of the risks and admitted to knowing the risks in advance which is defined as assumption of the risk. Andia, M.D.,...
View ArticleAnother trade associations confuses marketing and law: if you don’t...
ATTA article promotes goals for guides worldwide by calling them standards which in the US are the legally lowest possible acceptable level of acting. The Adventure Travel Trade Association recently...
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Most references in case law to assumption of the risk are to this California...
The definition of primary and secondary assumption of the risk was clearly set forth in this decision. This decision also related primary assumption of the risk with the inherent risk of an activity....
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Knight v. Jewett, 3 Cal. 4th 296; 834 P.2d 696; 11 Cal. Rptr. 2d 2; 1992 Cal....
Knight v. Jewett, 3 Cal. 4th 296; 834 P.2d 696; 11 Cal. Rptr. 2d 2; 1992 Cal. LEXIS 3969; 92 Cal. Daily Op. Service 7261; 92 Daily Journal DAR 11765; 92 Daily Journal DAR 11870 Kendra Knight, Plaintiff...
View ArticlePlaintiff signed two releases and wanted them both thrown
She also argued the weaker one should prevail if one had too. Powers v. The Superior Court Of Sacramento County, 196 Cal. App. 3d 318; 242 Cal. Rptr. 55; 1987 Cal. App. LEXIS 2330 Plaintiff: Dixie...
View ArticleRelease stops one of the first lawsuits over bicycle racing.
Case explains in detail “Public Policy” or “Public Interest” and whether a release is void because of a public policy or interest. Okura v. United States Cycling Federation et al., 186 Cal. App. 3d...
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Okura v. United States Cycling Federation et al., 186 Cal. App. 3d 1462; 231...
Okura v. United States Cycling Federation et al., 186 Cal. App. 3d 1462; 231 Cal. Rptr. 429; 1986 Cal. App. LEXIS 2178 Kevin Okura, Plaintiff and Appellant, v. United States Cycling Federation et al.,...
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Release saves riding school, even after defendant tried to show plaintiff how...
As an expert you just can’t state facts, you have to prove your facts. Azad v. Mill Creek Equestrian Center, Inc., 2004 Cal. App. Unpub. LEXIS 11218 Plaintiff: Nicole Azad Defendant: Mill Creek...
View ArticleInflatable climbing wall case injury from a party thrown by a health club...
It took an appeal of the issues to win, the trial court held for the plaintiff. Citation: Vinson v. Paramount Pictures Corporation et al., 2013 Cal. App. Unpub. LEXIS 3380 Plaintiff: Robert Vinson...
View ArticleNews May 27, 2013
Rundown of weekly news that might be of interest! Legal The age that minors become adults. I am constantly writing about the different legal issues of minors, here you can check on what that means...
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Fred Phillips Consulting, LLC has a job on the Lower Colorado
Seasonal Job Announcement Lower Colorado River and tributaries in Arizona, California and Nevada The Yellow-billed Cuckoo was named Cuculus americanus in 1758. (Photo credit: Wikipedia) Position:...
View ArticleCalifornia Sales Representative
Deering’s California Codes Annotated CIVIL CODE Division 3. Obligations Part 4. Obligations Arising from Particular Transactions Title 1A. Independent Wholesale Sales Representatives GO TO CALIFORNIA...
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2013 Amgen Tour of California Route Announced
2013 AMGEN TOUR OF CALIFORNIA ROUTE ANNOUNCED For the First Time, America’s Greatest Cycling Race Will Travel South to North, Beginning in Escondido and Crossing Beaches, Deserts, Mountains, Golden...
View ArticleStates that allow a parent to sign away a minor’s right to sue.
If your state is not listed here, you should assume a parent cannot waive a minor’s right to sue in your state. State By Statute Restrictions Alaska Alaska: Sec. 09.65.292 Sec. 05.45.120 does not allow...
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Forum non conveniens is a legal term meaning the place where the litigation...
In this case a mountain bike manufacturer sued in California by a Canadian plaintiff for an accident in Canada used the rule to move the case to Canada. It did not hurt the manufacturer that the...
View ArticleFox Factory, Inc v. The Superior Court of Santa Clara County, 11 Cal.App.5th...
Fox Factory, Inc v. The Superior Court of Santa Clara County, 11 Cal.App.5th 197, 217 Cal.Rptr.3d 366 11 Cal.App.5th 197 217 Cal.Rptr.3d 366 Fox Factory, Inc., Petitioner, v. The Superior Court of...
View ArticleBlanchette v. Competitor Group, Inc., 2019 Cal. App. Unpub. LEXIS 7714, 2019...
Blanchette v. Competitor Group, Inc., 2019 Cal. App. Unpub. LEXIS 7714, 2019 WL 6167131 Craig Blanchette, Plaintiff and Respondent, v. Competitor Group, Inc., Defendant and Appellant. D073971...
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