Aaris v. Las Virgenes Unified School District

In Aaris v. Las Virgenes Unified School District (1998) 64 Cal.App.4th 1112, a high school student injured her knee while performing a gymnastics stunt during cheerleading practice. ( Id. at p. 1115.) The trial court granted the school district summary judgment in the student's negligence action on the grounds that the student's injury was an inherent risk in the sport or activity of modern cheerleading and that the cheerleading coach did not increase the inherent risk of harm in that sporting activity. ( Id. at p. 1116-1117.) The Aaris court affirmed. The court reasoned that the doctrine of primary assumption of risk can apply to bar an action against an instructor or coach, who is not an insurer of the student's safety, unless the instructor or coach increased the risk of harm to the student over and above that inherent in the sport. ( Id. at pp. 1117.) In Aaris, there was no evidence that the cheerleading coach increased the risk of harm inherent in the gymnastics stunt. ( Id. at p. 1118.) Thus the court concluded that the gymnastics activity as opposed to any action by the coach created the risk of harm. ( Id. at p. 1119.)