Shaner v. Smoot

In Shaner v. Smoot (Oct. 12, 2001), 7th Dist. No. 712, 2001 Ohio 3429, the appellant rode a motorcycle in high grass in an area that he knew contained tree stumps, and was injured when he hit a stump. The Court said "any recovery for injuries sustained in recreational activities must by definition arise from something other than an ordinary risk." Id. The court then determined that the risk of hitting a tree stump is an ordinary risk of riding a motorcycle in such a location. Id. Thus, the appellant assumed the ordinary risk of riding the motorcycle under such conditions. Id. The Court also determined that the appellees were not liable for failure to warn of an ordinary risk assumed by the appellant regardless of the reasons for their alleged failure to warn. Id.