(Download) "Smith v. Ben Bennett" by In the Court of Appeal of the State of California Fourth Appellate District Division Two ~ Book PDF Kindle ePub Free

eBook details

Title: Smith v. Ben Bennett
Author : In the Court of Appeal of the State of California Fourth Appellate District Division Two
Release Date : January 10, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 78 KB

Description

In Distefano v. Forester (2001) 85 Cal.App.4th 1249, 1254 (Distefano), this court held the primary assumption of risk doctrine the Supreme Court articulated in Knight v. Jewett (1992) 3 Cal.4th 296 (Knight), applies to the sport of "off-roading." The issue in this case is whether the doctrine bars a tort action arising from an off-roading collision in which the 14-year-old operator of an all-terrain vehicle (ATV) was driving in violation of Vehicle Code section 38503, a safety regulation that prohibits a person under 18 years of age from operating an ATV on public land without adult supervision or a prescribed safety training program, and a companion Bureau of Land Management (BLM) safety rule.