HomeMy WebLinkAbout2161 r~
IN THS CIVIL UIVISION OF
COUNIY C(x1KT IN ~.NU FOR
2~7Q265 ~~T LIICI~ ,.ourrnr, FIARIDA
CASS N0. 73-894~SP-O1
JACK CROOKE )
" Plaintiff
)
-vs -
)
PSTE WILLIAMS
Defendant )
O R D B R
7t~is action was brought to recover damagea as the result of a surfing
accident. A person who voluntarily participatea in a aport, game or conteat
asewnea the ordinary riaka of such activity. In other words, a participant
in almoat any gau?e or aport asatm~ea, in legal conteuiplation, all riske in-
cidental to the particular game or aport Which are obvious and foreaoeable.
Participants in a violent game or conteat or thoae who engage in an activity
Which is particularly hazardous because of the inatrumentalitiea employed
therein, do not asaume the riek of intential, recklesa or negligent injury
at the hands of an opponent or other participant, unleas it is obvious from
~ the nature of the partiea' conduct that the injured peraon must have knoFrn
~
E and appreciated the obvious danger of the aituation in which he placed
~
~ himself (57 Am Jur 2d, Neg 284). _
~
;
~ 1'he leading points are discuesed in Vol 7 of American Law Reporte 2nd
~ Edition at page 696. This case involved wreatling. Skier's liability for
~
~
~ injury to or death to another peraon is found in American Law Reports 3rd
Edition Vol 24 at page 1447. Liability of ice skatere or injury to another
skater ia diacuesed in Vol 33 of American Iaw Iteports 3rd Edition at page 316.
Liability for injury or death in ahooting contesta or.target practice ia
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~ discussed in Vol 9 of Aa~erican IaW Reports 3rd Edition at page 757. In summary,
~
~ theae casea point out that participants asatane certain riaks involved in
~
~
~ sports; hoWever, when certain conduct ie so recklesa or inept aa to be wholly
unanticipated liability may reault.
An excellent auvnation of the rules of the road of surfing was contained i;~
a letter of October 11, 1973, by Steve Pezman, Publisher ~ Editor of Surfer
= Publicati~na who statea "The surfer cloaeat to the breaking portion of the Wave
~;s
has the right of vay, based on the fact that he haa the~least n~ber of alterna-
~„j
~-~'.L
i~
~y tive directione in which to travel. A surfer who takes off in front of a
~
~
~;~~z aurfer in auch a position infringes on that surfer's ability to maneuver and make
y~~ the vave. A surfer caught behind another aurfer has three alternativea:
- °sooK ~Z P~~tf ~sf
.