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4169 REVIEW DENIED The risk of slipping on a patch of algae growing on a pool deck is not inherent in the sport of swimming, so an action for negligence in permitting it to grow is not prevented by primary assumption of the risk; express assumption of the risk resulting from a hold harmless agreement (i.e., pre-accident release) prevents an action for negligence against the operator of a recreational facility, but does not prevent an action for negligence per se, based on violation of statute.CitationCAPRI v LA FITNESS (Slippery Pool Deck) 136 CA4 1078 [See: H&SC 116040, 116043; CivC 1668; Tunkl v Regents 60 C2 92; Health Net v Dep't / Health Svcs 113 CA4 224]
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