Earlier this month, an appellate court in California issued a written opinion holding that a wrongful death lawsuit filed by the father of a young man killed while skateboarding was properly dismissed below because the young boy assumed the risk of the dangerous activity in which he was engaging when he suffered his fatal injury. In the case, Bertsch v. Mammoth Community Water District, the court’s decision will prevent the boy’s father from receiving compensation for the loss of his son.
The plaintiff and his two sons were staying at a friend’s condo in Mammoth County, California. The two boys were skateboarding around the neighborhood before meeting up with their father to go rock climbing. Along the way, the boys pushed their way up a hill so that they could enjoy the long and fast ride down. However, on the way down the hill, one of the boys’ boards hit a lip surrounding a manhole cover, and he was thrown from the board. He was not wearing a helmet. When he struck the ground, he hit his head, causing him to suffer a traumatic brain injury. He later died from the injuries he sustained.
The boys’ father filed a lawsuit against several parties, including the local government and the water company that installed the manhole cover, seeking compensation for the loss of his son. The father claimed that the manhole cover was dangerous and that it was negligent for the government to fail to fix the hazard.