People unclear on the concept - Anthony Beninati
Talk about trying to sue your way out of being an idiot.
From
Lowering the Bar:
Court: Man Burned at Burning Man Assumed Risk of Being Burned by Burning Man
On June 30, the California Court of Appeal held that a man who was burned by the huge bonfire that ends the Burning Man festival each year could not sue the festival organizers. Anthony Beninati admitted he had intentionally walked into the fire, and that he had previously known fire was hot. But he argued, basically, that the organizers were negligent because they should not have let him approach the fire so closely.
He did not win.
The defendants argued the lawsuit was barred by the doctrine of "primary assumption of the risk." This doctrine bars negligence claims by someone who was hurt while participating in an activity "involving an inherent risk of injury to voluntary participants . . ., where the risk cannot be eliminated without altering the fundamental nature of the activity." To date, California courts have applied this only if the activity is a sport of some kind, although a couple of cases have stretched that definition a bit (unless you think "recreational dancing" and being pulled behind a boat on an inner tube are "sports").
Generally, walking into a bonfire is not considered a "sport," so this case squarely presented the question whether the doctrine should apply to anything else. The court held that, at least on these facts, it did.
But... but... the fire
huuurrrt me!
Deserves what he got. No mention if recreational drugs were involved.
Posted by DaveH at July 2, 2009 8:25 PM
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