California Appellate Tracker

Mayall v. USA Water Polo, Inc.

January 22, 2019

The primary assumption of the risk didn't shield a youth water polo league from liability for repeat concussions suffered by a goalie due to the league's failure to promulgate concussion management and return to play protocols, which resulted in goalie being returned to play while already concussed and suffering further injury.

The primary assumption of the risk didn’t shield a youth water polo league from liability for repeat concussions suffered by a goalie due to the league’s failure to promulgate concussion management and return to play protocols. Secondary concussions are not inherent in the sport. The league assumed a duty of care to participants in its program and breached the duty, increasing the risk of harm to participants, by failing to adopt appropriate concussion-management protocols. The failure to adopt those protocols despite repeated requests and knowledge of the severe risk of repeat concussions was enough to give rise to a claim for gross negligence, avoiding the release participants signed to play in the league.

Ninth Circuit Court of Appeals (Fletcher, W., J.); November 28, 2018; 909 F.3d 1055

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Mayall v. USA Water Polo, Inc.

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