Rostai vs. Neste Enterprises: Consequences of Using the “Reckless Disregard” Standard

Rostai Vs. Neste Enterprises Case Study
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Rostai Vs. Neste Enterprises Case Study
The reckless disregard standard demands the consideration of actions or conduct that would be deemed incidental to the activity or sport that teachers, coaches, and primary trainers undertake. Specifically, Rostai Vs. Neste Enterprises, 138 Cal. App. 4th 326 (2006) affirms the view that teachers, coaches, and personal trainers fall into the category of activities covered by the doctrine of primary assumption of risk. The doctrine of primary assumption of risk implies that sports-related activities lack the vicarious liability that emerges from a duty of due care. Subsequently, a plaintiff must present a claim that sufficiently proves the presence of reckless disregard in the conduct of a teacher, coach, or personal trainer. Such reckless disregard would include behavior that is unessential to the activity in question or that illustrates an intention to cause deliberate har...