Lupash
Lupash v. City of Seal Beach
Opinion
Lead Opinion
Crosby, J.
*1431 Opinion
We do not expect our public entities, King Canute-like, to hold back the power of the sea. They are not responsible for natural hazards and owe no duty to warn beachgoers, or even children in city-sponsored junior lifeguard programs, against breaking waves and an uneven ocean floor.
The record in this case shows no evidence that defendants increased the inherent risk of harm of ocean athletics. The court did not err in granting a nonsuit, and we affirm accordingly.
I
On July 15, 1988, David Titus Lupash, then 13, tripped and fell in the ocean during the final event of a junior lifeguard competition on the beach at 55th Place in east Long Beach. The accident happened about five to ten seconds after Lupash ran down the beach and into the water. He stepped in:o “something like a hole,” lost his balance, and fell facedown. He is now a quadriplegic.
An accomplished swimmer and a distance freestyler, Lupash had swum competitively since he was eight years old. He swam nearly every day, participating in one or two meets a month. He had engaged in rough water swims in previous years.
Several weeks before the accident, Lupash began a summer junior lifeguard program…