Golfer Johnny Shin was hit on the head by a tee shot of a fellow member of his threesome, Jack Ahn. At the time of the injury, Shin was about 35 feet away, although Ahn didn't see him. Shin filed a lawsuit against Ahn for negligence. Ahn asserted four legal defenses, including the sports assumption of risk defense. Purchase Bob Bruss reports online. But injured Shin argued the assumption of sports risk defense shouldn't apply in this situation because, he alleged, Ahn was negligent in failing to determine the location of the other golfers in his threesome. If you were the judge would you rule the assumption of sports risk defense protects golfer Ahn from negligence liability to Shin? The judge said no! The assumption of sports risk defense has two components, the judge began. One is the primary assumption of risk for a party's own conduct, he continued, such as a skier who breaks his leg. But a secondary assumption of sports risk defense applies to another party's breach of a duty of ...
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