Thursday, June 16, 2011

Bumper Cars Bump, Lawsuit Ensues

I've been posting a bit more on my amusement park safety blog, MassTort.org, in the last few months, and this week a California intermediate appellate court decision caught my attention.  In it, the court concluded that assumption of risk didn't apply to at least some injuries in the amusement ride context, and that there were factual issues precluding summary judgment. 

Both the majority and dissenting decisions are well worth a read, exploring as they do the expansion and contraction of no-duty rules, the concept of perceived risk in the amusement ride context, and Batman.  (Really.)

--BC

http://lawprofessors.typepad.com/tortsprof/2011/06/bumper-cars-bump-lawsuit-ensues.html

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Comments

This is incredible. There are so many liability issues, regarding amusement parks, theme parks, attractions, rides, etc.

Here in Florida, we're quite familiar with personal injuries and premises liability for theme parks. They abound here. Tourists and theme-park goers should understand who's truly responsible for accidents on rides and attractions.

It's actually surprising that this decision even came about.

Posted by: Wade Coye | Jun 17, 2011 1:41:30 PM

This topic is interesting. There are also certain rules on an amusement park. I think both the park-goers and the amusement park personnel may be liable for these accidents.

Posted by: Cargigi Posting | Sep 11, 2011 10:10:00 PM

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