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Burning Man who was burned at Burning Man gets burned with lawsuite
July 5, 2009, 11:56 am
Filed under: Uncategorized

KTVU: SAN FRANCISCO — A man who was burned at the Burning Man Festival in Nevada in 2005 when he threw a friend’s photograph into the flames lost a bid to a state appeals court in San Francisco Tuesday to sue the event promoter.

 The Court of Appeal said Anthony Beninati voluntarily chose to take part in a dangerous activity when he approached the burning 40-foot wooden statue for the purpose of throwing a photo of a deceased friend into the bonfire.


 A three-judge appeals panel unanimously ruled that the promoter, San Francisco-based Black Rock City LLC, was protected by a legal doctrine known as assumption of risk.

 Beninati’s hands were badly burned when he tripped and fell into the fire on Sept. 3, 2005. He sought to sue the promoter for negligence in San Francisco Superior Court in 2006 and appealed after a trial judge dismissed the lawsuit last year.

 But a three-judge appeals panel unanimously upheld Superior Court Judge Paul Alvardo’s conclusion that the assumption-of-risk doctrine protected Black Rock City from liability.

 Under that doctrine, people who voluntarily engage in inherently dangerous activities such as skiing and touch football can’t sue over injuries suffered during the activities.

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Who did he sue? Burning man?

Comment by nick

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