Olson v. Saville
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In this personal injury case from the Court of Appeal of the State of California, Second Appellate District, the plaintiff, Mark Olson, sued the defendant, Patrick Saville, for injuries sustained while both were surfing at Miramar Beach in Montecito. Olson claimed that Saville negligently caused his injuries by "dropping in" on his wave, failing to control his board, and not using a leash on his longboard. Saville moved for summary judgment, arguing that Olson's claim was barred by the doctrine of primary assumption of risk, which typically applies to sports and recreational activities involving inherent risks of injury.
The court granted Saville's motion, holding that the doctrine of primary assumption of risk barred liability for injuries caused by a negligent surfer to a fellow surfer because those injuries were caused by risks inherent in the sport of surfing. The court found that the inherent risks of surfing included surfers "dropping in" on other surfers, not wearing leashes while riding longboards, and using surfboards with sharp fins.
On appeal, Olson argued that there were triable issues of material fact as to whether Saville was protected by the primary assumption of risk doctrine. The appellate court disagreed, finding that no reasonable trier of fact could determine that Saville's conduct fell outside the protection of the primary assumption of risk doctrine. The court affirmed the lower court's decision, concluding that imposing liability in these circumstances would likely chill vigorous participation in surfing.
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