Wednesday, January 2, 2013

CA: Bumper Car Injury Covered by "Primary Assumption of Risk"

The Supreme Court of California has ruled that "primary assumption of risk" or the "inherent risk doctrine" applies to bumper cars.  Typically applied to sporting activities, the court extended the doctrine to cover a San Jose doctor who broke her wrist on a ride in 2005.  Regardless of the substantive merits, I don't like the terminology.  I think it's better to cover this under either a duty or a breach analysis instead of adding concepts to the law.  This is a case that makes me miss Bill Childs, with his passion for covering amusement parks!  The Los Angeles Times covers the story here; the opinion (pdf) is here.

--CJR

http://lawprofessors.typepad.com/tortsprof/2013/01/ca-bumper-car-injury-covered-by-primary-assumption-of-risk.html

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Comments

Glad you came across it without me! Just was heading here to send a link to the decision.

Posted by: Bill Childs | Jan 3, 2013 2:43:16 PM

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