California, United States of America
The following excerpt is from Rostai v. Neste Enterprises, 138 Cal.App.4th 326, 41 Cal.Rptr.3d 411 (Cal. App. 2006):
duty. (Merrill v. Navegar, Inc., supra, 26 Cal.4th at p. 477, 110 Cal.Rptr.2d 370, 28 P.3d 116.) The doctrine of primary assumption of the risk is an exception to the general rule that people "have a duty to use due care to avoid injury to others, and may be held liable if their careless conduct injures another person. (See Civ.Code,
[138 Cal.App.4th 331]
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