Court Finds Rock Climbing Involves Risk of Falling

The Manning & Kass Sports, Recreation, and Attractions Law Team is led by Anthony J. Ellrod, who is one of the leading experts on the laws that affect the sports and recreation industries, such as those that deal with exculpatory agreements and the primary assumption of risk doctrine.

Primary assumption of risk  is a legal theory wherein, by virtue of the nature of an activity and the parties’ decision to enact, the defendant owes no legal duty to protect the plaintiff from the particular risk of harm that caused the injury.

Recently, Karen Liao, an associate in the Orange County office, wrote and argued a successful Motion for Summary Judgment, which the court initially denied, but later took under submission after oral argument, and reversed its tentative with an outright denial of plaintiff’s claims in their entirety.

The 27 year old plaintiff in this matter claimed extensive injuries, including spinal fracture requiring surgery, after a fall while bouldering at an indoor rock climbing gym. Her medical specials totaled nearly $250,000. She also claimed loss of earnings and life care for the rest of her life. 

In granting the defendants’ MSJ, the court found that the plaintiff assumed the risk of falling and injuring herself, because the sport of rock climbing bears the risk of falling.