July 21, 2020

Wolf v. Weber (2020) 52 Cal.App.5th 406

Plaintiff was injured when she collided with an off-leash dog on a hiking trail. The hiking trail permitted dogs to be off-leash if they were under the control of their owners at all times. Plaintiff sued and defendant argued plaintiff’s claim was barred by the doctrine of primary assumption of the risk. The trial court granted summary judgment for defendant but the Court of Appeal reversed.

The Court of Appeal found that plaintiff did not assume the risk of being knocked over on a hiking trail by an unleashed dog that, in violation of the local ordinance, was not under defendant’s control at all times.