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Quote of the Day - I have often wanted to drown my troubles, but I can't get my wife to go swimming. - Jimmy Carter
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Swimming and Diving in 3/4 Time

Usually, California Courts hold that the "assumption of the risk" doctrine prevents claims arising from sports injuries.

In an unusual departure, the California Supreme Court determined that a high-school swimmer might be able to hold her coach liable for instructing her to dive in the shallow end of a racing pool. An inexperienced swim team member, Oliva Kahn followed her coach's instructions, started her race with dive into the pool and hit the bottom, breaking her neck.

The opinion seems largely founded on the majority's factual-specific determinations: the coach had previously promised she didn't have to dive, she was inexperienced and the coach didn't train her and the coach broke his promise during the meet, threatening to throw her off the team if she disobeyed him.

In her concurring opinion, Justice Kennard raises an interesting question: why distinguish coaches from shop instructors who teach students how to operate a power saw or repair a car, and then end up injured? The Justice reasons that all teachers challenge their students to progressively harder tasks.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Friday, August 29, 2003 at 13:52 Comments Closed (0) |
 
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