Abstract

http://ssrn.com/abstract=1526733
 


 



Assuming the Risk: Tort Law, Policy, and Politics on the Slippery Slopes


Eric A. Feldman


University of Pennsylvania Law School

Alison I. Stein


United States Court of Appeals for the Third Circuit


DePaul Law Review, Vol. 59, Pg. 259, 2010
U of Penn Law School, Public Law Research Paper No. 10-02

Abstract:     
Prominent jurists and legal scholars have long been critical of the doctrine of the assumption of risk, arguing that it is logically flawed and has sown confusion in the courts. This article takes a fresh look at the assumption of risk by focusing on legal conflicts over ski accidents in three ski-intensive states - Vermont, Colorado, and California. It argues that the tort doctrine of the assumption of risk remains vital, and highlights the way in which powerful political and economic actors with links to the ski industry have lobbied aggressively for state laws that codify the assumption of risk. The result has been state legislation that protects ski resort owners and operators from tort liability. By pointing to politics and economics as critical factors in the persistence of the doctrine of assumed risks, and exploring the social values implicated in the assumption of risk debate, the article deepens what has been an overly technical debate among tort law scholars and offers a way forward for future tort law scholarship on the idea of assumed risks.

Number of Pages in PDF File: 45

Keywords: torts, accident and injury law, assumption of the risk, risks, risky activities, ski accidents, insurance, ski safety statutes, political and economic interests, individual freedom, duty of care to act reasonably

Accepted Paper Series


Download This Paper

Date posted: December 27, 2009 ; Last revised: August 10, 2010

Suggested Citation

Feldman, Eric A. and Stein, Alison I., Assuming the Risk: Tort Law, Policy, and Politics on the Slippery Slopes. DePaul Law Review, Vol. 59, Pg. 259, 2010; U of Penn Law School, Public Law Research Paper No. 10-02. Available at SSRN: http://ssrn.com/abstract=1526733

Contact Information

Eric A. Feldman (Contact Author)
University of Pennsylvania Law School ( email )
3501 Sansom Street
Philadelphia, PA 19104
United States
215-573-6400 (Phone)
215-573-2025 (Fax)
Alison I. Stein
United States Court of Appeals for the Third Circuit ( email )
601 Market Street
Philadelphia, PA
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,125
Downloads: 162
Download Rank: 105,616

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.250 seconds