A music festival operator has a duty to its invitees to protect against the consumption of illegal drugs and provide adequate medical care in the case of a drug overdose.
Cases of Interest
The primary assumption of risk (“PAR”) doctrine does not bar a plaintiff’s recovery if the imposition of a duty to the plaintiff is similar to a defendant’s existing duty and the extension of that duty would not materially alter the fundamental nature of the activity.
An attorney’s duty of candor to the court includes an affirmative duty to apprise the court of material developments of fact or law in a case and not make misleading or false statements.
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A party who would otherwise receive additional costs and fees under Code of Civil Procedure section 998 may not recover if the section 998 offer is made conditional on acceptance by all defendants.
Even if plaintiff was able to allege that the fence that caused his injuries was a known, dangerous condition, the trail immunity provision of the Government Claims Act barred suit because the fence was a condition inherent to the trail.