Bennett v. Hidden Valley Golf and Ski, Inc.
United States Court of Appeals for the Eighth Circuit
318 F.3d 868 (2003)
Sixteen-year-old Breanne Bennett (plaintiff), a nearly first-time skier, was injured with brain damage after hitting a snow bump created by other skiers while midnight skiing on an intermediate slope at Hidden Valley (defendant). Bennett sued for negligence, alleging Hidden Valley failed to warn her of dangers on its slopes; Hidden Valley raised assumption of risk, arguing bumps are an inherent risk of skiing. The trial court instructed the jury to find for Hidden Valley if the bump was an inherent skiing risk, without requiring a finding that Bennett actually knew of that specific danger, and the jury found for Hidden Valley. Bennett appealed, challenging the jury instruction as improper for not requiring proof of her actual knowledge.
Whether a defendant may successfully raise an assumption-of-risk defense against a plaintiff injured by a sport's inherent risk without proving the plaintiff had actual, subjective knowledge of that specific risk.