Burned Burner's Case Ruled to be MOOP

Below is an expert legal review by Skyclad about the judicial decision that was handed down yesterday by the California's First District Court of Appeal. In essence, Burning Man is now part of California jurisprudence. A full and complete copy of the ruling can be downloaded by clicking here. More from Skyclad:

"As a consequence of yesterday's ruling by the California Court of Appeal in a published opinion, Beninati v. Black Rock City, LLC, it is still legal to yell "Theater!!" in a crowded fire. In 2005, an experienced Burner got a little too close to the burning embers after the fall of the man, tripped and fell, and well - got burned. He sued BMORG in SF Superior Court, but the case was dismissed. On appeal, the appellate court addressed the issue of whether the trial court properly applied the doctrine of primary assumption of risk "where, by virtue of the parties' relationship to the activity, the defendant owes no legal duty to protect the plaintiff from the particular risk of harm that caused the injury."'

"The court ruled that the doctrine of primary assumption of risk applies not only to sports, "but to other activities involving an inherent risk or injury to voluntary participants like Beninati, where the risk cannot be eliminated without altering the fundamental nature of the activity." In other words, without a big-ass fire, there is no Burning Man. I'm just wondering if the BMORG lawyers asked the trial court to take judicial notice of the fact that FIRES ARE HOT AND CAN BURN.'

"The court concluded that "by continuing to walk into the fire, Beninati assumed the risk that he might trip and fall into the fire because he could not see the ground surface. This risk itself is one that is inherent in the burning of the effigy and the Burning Man commemorative ritual."'

"Finally, three justices in black robes have elevated our grand event to the status of "commemorative ritual." No longer can it be marginalized as that hippie, drug thing in the desert. I'm not sure if this is the first published playalicious appellate decision, but Burning Man is now certainly in the law books."

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Skyclad is a nine year veteran of Burning Man as well as a lawyer and a drummer.

beninati v brcllc