Sports and recreational activity participants may be barred from recovering damages following injury accidents during those activities if what occurred was an inherent risk associated with that sport or activity. When people choose to engage in risky activities, California law says that they have assumed the risk of injury by participating in them. In Swigart v. Bruno, Cal.App.4, Case No. D071072, the court ruled that a woman who was injured by a horse while participating in an endurance riding event could not recover in a lawsuit alleging negligence against another rider.
Issue: Whether a participant in a sport or other recreational activity can sue another participant for negligence in the case of an injury accident?
The plaintiff, Kathleen Swigart, and the defendant, Carl Bruno, both participated in an endurance horseback riding event in Perris, California on March 3, 2012. The course was 50 miles long. Swigart dismounted at the eight-mile card checkpoint. While she was on the ground, Bruno’s horse contacted the horse in front of it, causing that horse to kick Bruno’s horse. Bruno’s horse then bolted, throwing Bruno off and striking Swigart, injuring her. Swigart filed a lawsuit against Bruno alleging negligence and gross negligence. Bruno filed a motion for summary judgment, and the trial court agreed, dismissing the action. Swigart then appealed to the Califonia Court of Appeals.