In a recent case before a California appeals court, the plaintiff claimed that a California ski resort was liable for the serious injuries she sustained in a tragic snowboarding accident at the resort. According to the court’s opinion, the woman collided with a snowcat that was pulling a snow-grooming tiller, and she got caught in the tiller. She suffered severe injuries, including several skull fractures and her left leg was later amputated as a result of the collision.
The plaintiff and her husband sued the ski resort, alleging gross negligence and loss of consortium. The trial court granted the ski resort’s motion for summary judgment finding that the woman assumed the risk of her injury, and the plaintiffs appealed.
The Doctrine of Assumption of the Risk
The court explained that the doctrine of assumption of the risk is often referred to as a defense, but it actually negates the duty element, which is an essential element of a negligence claim. In cases involving the express assumption of risk, the individual expressly agrees to assume the risk involved, for example by signing a written release. A release that expressly releases the defendant can waive the defendant’s liability for negligence. However, a waiver cannot cover a defendant’s gross negligence. Gross negligence is considered an aggravated type of negligence. It typically amounts to an extreme departure from the ordinary standard of care others in the defendant’s shoes would take in a given situation.