Court Clarifies Government Liability in Tragic Paddleboarding Case

As the Rabbi Lawyer and Los Angeles personal injury attorney, keeping current with the state of the law here in California is one of my responsibilities. Whenever a new case is decided that may have a future impact on any one of my practice areas, I am eager to learn and study the court’s decision.

The recent case of Mubanda v. City of Santa Barbara is one such case. The facts are incredibly tragic.

Davies Kabozoga went paddleboarding with a friend in the Santa Barbara Harbor in April of 2017. Mr. Kabazoga did not know how to swim. Prior to going out on the paddleboard, he signed a waiver acknowledging that paddleboarding is an outdoor activity that entails serious risks, including death or serious injury. As Kabozoga and his friend began paddling back towards the harbor, he fell off his paddleboard and went under. Divers recovered his body later that afternoon in 35 feet of water.

Kabozoga’s family sued the City of Santa Barbara, which maintains the harbor where he died. They argued that the City was negligent because it failed to warn of the dangers present in the water for paddleboarders such as Kabozoga. The City countered that it was immune from liability because the Government Code shields public entities from liability in cases like these.

The Court agreed. Government Code section 831.2 states “neither a public entity, nor a public employee is liable for an injury caused by a natural condition of any unimproved public property, including but not limited to any natural condition of any lake, stream, bay, river, or beach.” This would provide immunity to the City of Santa Barbara in and of itself.

The City also argued that it was immune under a different section of the Government Code. Section 831.7(a) states that a public entity is not liable to any person who participates in a hazardous recreational activity who knew or reasonably should have known that the activity created a substantial risk of injury to himself or others. This is known in the law as “primary assumption of the risk”, and it’s a doctrine that usually applies to sports activities.

For example, this doctrine, which we touched upon here, is usually invoked when someone is injured during a risky or vigorous sporting or athletic event. Examples include football games, skiing, dirt biking, and other outdoor activities. The rationale behind ‘primary assumption of the risk’ is that we should not change the nature of the risky activity—participants enjoy these activities precisely because they can be dangerous. If we imposed liability for engaging in these activities, it would completely eliminate the motivation people have for participating in these activities in the first place.

Here, the Court ruled that boating is a hazardous recreational activity, and there is no reason to suggest that paddleboarding is any different. Mr. Kabozoga was apprised of the risks, and voluntarily assumed them. The risk of falling off a paddleboard and drowning in a harbor is inherent in that type of hazardous recreational activity.

Furthermore, the City undertook many steps to promote the safety of all who navigated the waters in the harbor. Signs were put up showing the preferred paddling areas of the water; paddlers were required to wear personal flotation devices and to have whistles, authorities patrolled the waters enforcing paddleboarding violations; and safety tips were published in the City’s newsletter. The Court therefore found that the City of Santa Barbara was immune from this wrongful death suit and did not commit negligence or gross negligence.

This was a sad case, and for whatever reason, the Court decided not to officially publish this decision. Nevertheless, the case does clarify the contours of government immunity for hazardous recreational activities. It’s an area of law I will continue to study and monitor for new developments.

As you can tell, tort cases involving the government can be tricky. If you were injured through the negligence of the government or a government employee, the details can matter. Feel free to reach out—my office is ready to assist, 24/6.