From our private database of 33,800+ case briefs...
Bennett v. Hidden Valley Golf and Ski, Inc.
United States Court of Appeals for the Eighth Circuit
318 F.3d 868 (2003)
Sixteen-year-old Breanne Bennett (plaintiff) was an inexperienced skier, having only skied once and snowboarded twice. One night Bennett went midnight skiing with two friends at a ski slope operated by Hidden Valley Golf and Ski, Inc. (Hidden Valley) (defendant). While skiing on an intermediate slope, Bennett fell when she hit a bump in the snow that had been created by the movements of other skiers on the slope. The bump threw Bennett forward about five feet. Bennett’s injuries from the fall included brain damage. Bennett sued Hidden Valley for negligence, alleging, among other things, that Hidden Valley failed to warn her of the dangers and obstructions on its ski slopes. At trial, Hidden Valley raised the defense of assumption of risk, asserting that the bumps on its ski slope were risks inherent to the sport of skiing. In regard to Hidden Valley’s assumption-of-risk defense, the trial court instructed the jury that it should find in favor of Hidden Valley if the bump that injured Bennett was a risk inherent to the sport of skiing. The jury found in favor of Hidden Valley. Bennett appealed, arguing that the jury instruction regarding the assumption of risk was improper, because it did not require the jury to additionally find that Bennett had knowledge of and understood the dangers of the ski slope.
Rule of Law
Holding and Reasoning (Murphy, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 604,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 604,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.