A state appeals court in San Francisco, California, refused to reinstate a lawsuit filed by a man who fell into a fire at the Burning Man festival held in the Nevada desert.  The Court stated that anyone who takes part in an event with obvious dangers – downhill skiing, mountain climbing or walking up to a bonfire – knowingly risks injury.

It was the third time that California resident Anthony Beninati attended the annual festival that encourages participants to throw objects into a bonfire.  According to news reports, Beninati, a college-educated real estate manager, walked nearly 10 feet into the burning embers, with flames on either side of him, to throw in a picture of a deceased friend.  Beninati’s hands were burned and one arm permanently injured when he proceeded further, tripping and falling into the fire.  Beninati accused the festival organizers of negligently allowing people to approach the fire without safe pathways.

The First District Court of Appeals upheld the lower court’s ruling that Beninati assumed the risk.  “By continuing to walk into the fire, Beninati assumed the risk that he might trip and fall,” presiding Justice Ignazio Ruvolo said in the 3-0 ruling.  “The risk of falling and being burned by the flames or hot ash was inherent, obvious and necessary to the event.”

—Source:  SFGate.com