Burned Man Cannot Sue Burning Man Festival
One who walks into a bonfire assumes the risk of getting burned. Anthony Beninati attended the 2005 Burning Man festival, walked into the Burning Man bonfire, tripped and fell, and incurred burn injuries. He sued the event promoter for negligence. The San Francisco County Superior Court granted summary judgment for the event promoter, finding that Mr. Beninati assumed the risk of injury, because walking into the enormous Burning Man bonfire was an obvious, inherent, and avoidable hazard.
Beninati appealed, alleging that hidden debris within the bonfire caused him to trip and fall, and that the primary assumption of the risk doctrine did not apply to cultural activities like the Burning Man event.
On June 30, 2009, the California Court of Appeal for the First District unanimously summary judgment for the event promoter, finding that even if Mr. Beninati tripped on an allegedly hidden hazard, the inherent risk of falling in the bonfire was obvious: “an obvious risk is one within the contemplation of the activity, whether or not it is actually observed.” (Beninati v. Black Rock City, LLC (2009) 175 Cal.App.4th 650, 660.) The court also found that the primary assumption of the risk doctrine was not limited to “‘rule-based’” activities: “the doctrine applies not only to sports, but to other activities involving an inherent risk of injury to voluntary participants like Beninati, where the risk cannot be eliminated without altering the fundamental nature of the activity.” (Id. at p. 658.)
On September 17, 2009, the California Supreme Court denied Beninati’s Petition for Review, just seven days after Black Rock City, LLC filed its Answer.
William S. Kronenberg and Steven A. Kronenberg represented the event promoter, Black Rock City, LLC. Steven A. Kronenberg presented oral arguments in the trial and appellate courts.