Subject Index Top of this Page School may assert assumption of the risk despite teacher's statutory duty to supervise The Third District Court of Appeal in Sacramento has ruled that a school's statutory duty to supervise does not abrogate common law assumption of the risk. It affirmed a judgment against a student who suffered a broken arm while wrestling. On the second day of practice, his coach, Brandon Matsumoto, was demonstrating control holds by taking each participant to the mat himself. While grappling with Matsumoto, Lilley braced himself with his right forearm on the mat, and broke his arm. The primary assumption of the risk doctrine bars tort actions based on injuries resulting from risks that are inherent in an activity, in which plaintiff voluntarily participates.
Bodily injury is a risk inherent in the sport of wrestling.
The fact that Matsumoto was Lilley's instructor did not eliminate the bar. That an instructor might ask a student to do more than the student can manage is itself an inherent risk. Education Code section 44807 requires school authorities to supervise their students so as to prevent practices that are likely to result in physical injury. However, it does not make schools insurers of student safety, and does not expressly impose a duty to insure against inherent risks. If the Legislature had wanted to abrogate the primary assumption of the risk doctrine in such circumstances, it would have done so.