App.3d 176 is also applicable. Plaintiffs have argued that most of the cases cited by defendant involved participants in sports. This is generally true of Knight v Jewett and its progeny. However, the concept of assumption of the risk applies to any activity in which there is an inherent risk, whether the injured person is a spectator or a participant, and whether the activity is a sport or other event. Defendants' duty to plaintiffs was to not increase the risk inherent in being a spectator at a motorcycle race.
Defendant has no duty to decrease the risk.
There is no evidence that the layout of the track or the placement of the bales and fences enhanced the risk to plaintiffs. Plaintiffs have submitted the declaration of Stimson where he opines that the height of the bales, a gap in them, and the fact they were not secured with wire fencing increased the risk to plaintiffs. 4th 184 to support their argument that defendants increased the risk. Branco is factually distinguishable. The defendant there created a dangerously designed jump not necessary for the sport of bicycle racing which does include jumps.