California Court of Appeal

The primary assumption of risk doctrine bars plaintiff from recovering on her claims for battery, negligence and premises liability against defendants, where plaintiff is an in-home caregiver providing services to defendant-wife for Alzheimer's disease and the inherent risk of hazardous conduct by an Alzheimer's patient renders the possibility of injury obvious and negates the duty of care usually owed by the defendant for those particular risks of harm.

Appellate Information

• Decided 01/28/2013
• Published 01/28/2013

Judges

• MOSK

Court

• California Court of Appeal

Counsel