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October 5, 2020

Williams v. County of Sonoma (2020) 55 Cal.App.5th 125

Under the primary assumption of risk doctrine, a defendant does not have a duty to eliminate risks inherent in a recreational activity, but does have a duty to not “ ‘unreasonably increase the risks of injury beyond those inherent in the activity.’ ”

Plaintiff was biking on a road maintained by the County of Sonoma when she encountered a pothole. Traveling too fast to avoid it, Plaintiff’s bicycle struck the pothole, causing her to fall and sustain injuries. Plaintiff sued the County for dangerous condition of public property and won. The County repeatedly asserted that Plaintiff’s claim was barred by the primary assumption of risk doctrine because she was engaged in long-distance, recreational cycling. The trial court disagreed, and the County appealed.

The Court of Appeal affirmed. The County owes a duty to maintain safe roads for all foreseeable uses. The size of the pothole was so large that it posed a risk to all users, including cars, motorcycles, and bicycles being used as a means of transportation. Thus, because the County had a preexisting duty to maintain the roadway for such non-recreational users, the policy considerations underlying the primary assumption of risk doctrine supported imposing a duty on the County not to increase the risks inherent in Plaintiff’s long-distance, recreational cycling by failing to repair the pothole.