Torts keyed to Robertson
Bennett v. Hidden Valley Golf and Ski
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Plaintiff went skiing late one night at the defendants ski slope despite the fact she had very little experience skiing. While going down the slope she fell forward 5 feet, which caused brain damage, after she hit a bump in the snow that was caused by other skiers. Plaintiff sued fro negligence arguing the defendant failed to adequately warn her of the dangers of skiing on the slope. The defendants argued that the plaintiff assumed the risk when she made the decision to go down the slope because the bump in the snow was an inherent risk that comes with skiing. The trial court instructed the jury that they should find in favor of the defendant if in fact that bump in the snow is an inherent risk that comes with skiing. After the jury found for the defendant the plaintiff argued that assumption of risk is inapplicable because she didn’t have actual knowledge of the risk the bump in the snow presented.
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