Posts Tagged ‘assumption of risk’

U.K.: “Butlins bans bumping on the bumper cars”

The best-known operator of British amusement parks has ordered its staff “to ban anyone found guilty of bumping into each other in the electric cars equipped with huge bumpers. Bemused customers who assume that the ‘no bumping sign’ is in jest are told to drive around slowly in circles rather than crash into anyone else for fear of an injury that could result in the resort being sued.” [Louise Gray, Telegraph via Free-Range Kids]

Also: California appellate court rejects assumption of risk defense and denies summary judgment to bumper car injury claim [Bill Childs, MassTort.org]

Takes date horseback riding, gets sued after fall

“I guess you know your date didn’t go very well when you get sued afterward.” [Lowering the Bar; Stanislav v. Papp] Per the New York appellate court’s statement of facts:

Plaintiff was injured when she fell off a horse while on a date with defendant. She alleges that defendant was negligent in failing to properly warn her and appreciate her limited level of skill as a rider, and in failing to pay proper attention to her request that the horses proceed at a slow pace in a careful manner.

The judges, however, upheld a lower court’s dismissal of the case (citations omitted):

Plaintiff has provided no evidence or authority which supports her contention that defendant owed her a duty to insure that the horseback riding experience was safe. As a person with experience riding horses, plaintiff was aware that the risks of falling from a horse or a horse acting in an unintended manner are inherent in the sport. Defendant’s conduct was not so unique or reckless as to create an additional unanticipated risk for plaintiff.

May 16 roundup