Thursday, June 16, 2011
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.)