The Casenote addresses the question: who is responsible when a participant in a sport is injured during play? The author discusses the uncertainty surrounding the legal answer to this question in California. Knight v. Jewett, a California Court of Appeals case decided in 1991, applied the doctrine of reasonable implied assumption of risk to hold that the player himself assumed the risk and was thus responsible for his own injury. This Casenote examines the controversy surrounding reasonable implied assumption of risk, and reviews the divergence of opinion among California appellate courts and commentators. The author discusses the likely outcome of the controversy, and recommends how the California Supreme Court should resolve the issue.
Ann K. Bradley,
Knight v. Jewett: Reasonable Implied Assumption of Risk as a Complete Defense in Sports Injury Cases,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol28/iss2/9