What duties of a defendant in a medical malpractice case have been determined by the Court of Appeal?
California, United States of America
The following excerpt is from Saville v. Sierra College, 133 Cal.App.4th 857, 36 Cal.Rptr.3d 515 (Cal. App. 2005):
Duties regarding the same risk may differ depending on the role played by the particular defendant. In the sporting context, for example, a defendant could be in the role of "co-participant, passive observer, instructor, coach, owner of the venue in which the sport is played, or supplier of the equipment used in the sport." (Peart v. Ferro (2004) 119 Cal.App.4th 60, 72, 13 Cal.Rptr.3d 885.)
[133 Cal.App.4th 871]
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