Is assumption of risk an absolute defense in the context of spooked horses?

California, United States of America


The following excerpt is from Harrold v. Rolling J Ranch, 19 Cal.App.4th 578, 23 Cal.Rptr.2d 671 (Cal. App. 1993):

Under the analysis adopted in the "plurality" decision in Jewett, assumption of the risk is an absolute defense only when public policy dictates the class of which a defendant is a member should owe no duty of care to the class of which a plaintiff is a member in relation to the activity in which they are involved. According to this analysis, the inquiry does not begin with the question whether the plaintiff assumed the risk, in this instance the question whether this rider subjectively comprehended the precise risk this particular horse was easily spooked. Rather the inquiry begins--and ends--with an analysis of whether the defendant owed a duty to a plaintiff after assessing factors such as those listed in Rowland v. Christian (1968) 69 Cal.2d 108, 70 Cal.Rptr. 97, 443 P.2d 561.

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