Sonetti

I. INTRODUCTION

This is a high school football injury case. The plaintiff, Mark Sonetti, was hit from behind during a kickoff coverage drill. He lurched forward, striking another player with his chin. He broke his jaw. Sonetti has filed this action against Huntington Beach High Union School District alleging his injuries were the result of the district’s negligence. The district filed a successful motion for summary judgment based on primary assumption of the risk, and Sonetti has taken this appeal. The law of assumption of the risk as regards sports injuries is easy to conceptualize, but sometimes hard to apply: The plaintiff assumes the normal, inherent risks in the sports activity, but does not assume increased risks attributable to the defendant, usually an organizer, instructor, or promoter. As we explain below, the basic rule is that courts should ascertain what is the standard practice as regards a given safety feature in an organized sporting activity. Going the extra mile beyond what is normal, or providing safety precautions beyond what is standard practice, is not required of a defendant. But complying with standard, customary safety procedures is. Sonetti argues that…