The plaintiff was injured while riding as a passenger in a two-seater personal watercraft when she fell off into the jet stream. The First Appellate District concluded that the doctrine of primary assumption of risk did not foreclose plaintiff’s design defect claim. The manufacturer had a duty to take reasonable steps to minimize inherent risks without altering the nature of the sport of jet skiing, (at least under circumstances where the risk of orifice injury posed the gravest danger). The very nature of the defect necessarily increased the likelihood that a passenger would fall rearward and suffer orifice injuries; and, hence, as a matter of law, the defect escalated the risk of harm beyond the inherent risk of falling into the water. Ford v. Polaris Industries, 139 Cal. App. 4th 755 (Cal. App. 1st Dist. 2006).
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