Wolf v. Weber (2020) 52 Cal. App. 5th 406
Aug 05, 2020OUTCOME: The case is awaiting trial.
Plaintiff was walking her dog in Tilden Park in an off leash area. Defendant's unleashed dog wandered away from him and seriously injured plaintiff. Defendant claimed plaintiff "assumed the risk" that ... she would be injured by another hiker’s unleashed dog. The park’s rules required unleashed dogs to be under their owners’ control at all times and created a presumption that the dog was not under the owner’s control if it injured another person. The trial court granted summary judgement for defendant; however, the Court of Appeal (1st Dist.) reversed the trial court by finding the "primary assumption of risk" doctrine does not apply to these facts.
