Primary Assumption Of The Risk Applies To Performing On A Stage

In an appeal handled by Daley & Heft partner Lee H. Roistacher, the Court of Appeal agreed that primary assumption of the risk applies to a person on a stage.   A musician setting up his equipment on stage fell off the stage. Recognizing the trend of applying primary assumption of the risk (Daley & Heft case Knight v. Jewett)to a wide variety of activities and professions, the Court of Appeal held that falling off the stage is an inherent risk of being on a stage. The case is Fazio v. Fairbanks Ranch Country Club (2015) ___ Cal.App.4th ___.

About the Author: