In the context of a rule of no duty for competitive sports, can a plaintiff rely on the assumption of risk defense?
California, United States of America
The following excerpt is from Knight v. Jewett, 11 Cal.Rptr.2d 2, 3 Cal.4th 296, 834 P.2d 696 (Cal. 1992):
2 In adopting a rule of no duty for organized competitive sports, the Massachusetts court candidly acknowledged that legislative abolition of the assumption of risk defense had forced it to shift the focus of analysis from the plaintiff's knowing confrontation of risk to the scope of the defendant's duty of care. (Gauvin v. Clark, supra, 537 N.E.2d at p. 97, fn. 5.)
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