I also think you have a solid defense of assumption of the risk. Would help to have a witness who heard you warn her, since she likely will deny you did. If she has a bad injury and an attorney, then you may want to turn it over to your homeowners or renters insurer. Otherwise, you can defend yourself in small claims if she takes it that far. Try to persuade her of the folly of pursuing such a claim further.
6 lawyers agreed with this answer
Under California law, merely asserting a claim for injury does not waive your right to medical privacy for unrelated conditions and treatment. Thus, a plaintiff can get a court order quashing an over broad subpoena for medical records. But it is up to the plaintiff to file a motion to obtain such an order if the defense will not agree to voluntarily withdraw the over broad subpoena. If a motion is required, the court may also grant a request from the plaintiff for monetary sanctions against...
4 people marked this answer as helpful