California Court Applies Assumption Of Risk To Amusement Park Related Personal Injury Case.
The California Supreme Court recently held that the assumption of risk doctrine applies not only to sporting activities but amusement park rides as well. Plaintiff was a passenger in a bumper car that was sandwiched between two other bumper cars. In anticipation of the collisions, Plaintiff attempted to brace herself by placing her hand on the dash resulting in her breaking her wrist. The amusement park prohibited head on collisions and advised riders of this prior to riding the bumper car ride. In the opinion the Court held “A small degree of risk inevitably accompanies the thrill of speeding through curves and loops, defying gravity or, in bumper cars, engaging in the mock violence of low-speed collisions…” and that ” Those who voluntarily join in these activities also voluntarily take on their minor inherent risks.”