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CHILDS v. COUNTY OF SANTA BARBARA

No. B162350.

8 Cal.Rptr.3d 823 (2004)

115 Cal.App.4th 64

Tatiana CHILDS, a Minor, Plaintiff and Appellant, v. COUNTY OF SANTA BARBARA, Defendant and Respondent.

Court of Appeals of California, Second District, Division Six.

Review Denied April 28, 2004.

Attorney(s) appearing for the Case

Law Offices of Jeffrey S. Young and Jeffrey S. Young for Plaintiff and Appellant.

Stephen Shane Stark, County Counsel, Michael M. Youngdahl, Lisa Rothstein, Deputy County Counsel, for Defendant and Respondent.

PERREN, J.

Tatiana Childs fell and suffered serious injury when she rode a small "razor" scooter over an uplifted section of sidewalk on a residential street in the County of Santa Barbara. She sued the County contending that the sidewalk constituted a dangerous condition of public property. The trial court ruled that the doctrine of primary assumption of risk barred liability because, as a matter of law, riding a scooter is a recreational activity, and falling is...

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