Allan v. Snow Summit, Inc

In Allan v. Snow Summit, Inc. (1996) 51 Cal.App.4th 1358, the plaintiff participated in a beginner skiing lesson. After skiing the beginners' slope successfully, the instructor encouraged the reluctant novice to advance to the next challenge, a run that was slightly more difficult but still in the easy range. (Allan, supra, 51 Cal.App.4th at pages 1363, 1371-1372.) Although the plaintiff fell numerous times, the instructor encouraged him to keep trying. The following morning, the plaintiff was diagnosed with herniated discs in his lumbar spine. (Allan, supra, 51 Cal.App.4th at page 1364.) The court held that "urging the student to go beyond what the student has already mastered" is inherent in sports instruction. Therefore, to the extent that a necessary or desirable part of training was to take on new challenges, an instructor cannot be held liable unless it was reckless to ask the plaintiff to do so. As such, the doctrine of primary assumption of risk barred the plaintiff's claim because he never pleaded recklessness. (Allan, supra, 51 Cal.App.4th at page 1371.)