Friday, January 4, 2013
Wednesday, January 2, 2013
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.
Attorneys on both sides believe that a plaintiff's Twitter posts affected the damages that she received in a car accident case in Georgia state court. In her tweets, the plaintiff described an "epic weekend" in New Orleans, posted photos at the beach for spring break, and stated "I'm starting to love my scar," which both sides claim hurt her pain and suffering claim. The Daily Report has the full story.
Thanks to Lisa Smith-Butler for the alert.