Assumption of Risk

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In the Dillworth v. Gambardella, 776 F. Supp. 170 (D. Vt. 1991) is a case where the Plaintiff sues a skier that feel and thereby knocking down the plaintiff who feel and injured his back. The jury came back with a defendant verdict and the plaintiff files a motion for a new trial on the grounds that the court made an error in instructing the jury as to the Vermont Sports Injury Statute and its relation to the doctrine of assumption of risk and the applications to this case. The appellate court denied their motion for a new trial and stated “that the sports injury statute applied to participants in any sport.” The Assumption of Risk doctrine states that “when a risk or danger is obvious such that it is widely known by reasonable…show more content…
This inheritance of assumptions of risk and if the action is applicable to the case is a question of fact for the jury, and therefore the jury in this matter found it applicable, which was not thereby applicable for a new trial. The jury in the Dillworth matter applied the assumption of risks to all participants in sports, not just the operators of ski resort. In regards to dangerous activities and sports in general the court stated that “when a primary assumption of the risk exists there is no liability to the plaintiff because there is no negligence on the part of the defendant to begin with; the danger to the plaintiff is not one which the defendant is required to extinguish or warn about. Having no duty to begin with, there is no breach of duty to constitute negligence,” showing that even other participants not just those in charge of the activity can not be negligent for risks that are inherent to the activity. This assumption of risk has a broader appeal than just skiing and was stated that “A person who takes part in any sport, including skiing, accepts as a Torts & P.I. PLG-101-1601 Assignment 4- CAW Page 2 matter of law the inherent dangers of the sport insofar as those dangers are obvious to the participants and necessary to the conduct of the sport.” If the assumption of risk was not applicable in this activity then there would be an ability to find comparative negligence with a participant or coordinator of the activity,
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