Products Liability and Injury Lawyer Blog

Nalwa v. Cedar Fair, L.P., (Sixth District, June 10, 2011) --- Cal.Rptr.3d ----, 2011 WL 2279049, 11 Cal. Daily Op. Serv. 7167, 2011 Daily Journal D.A.R. 8575

A physician who suffered a fractured wrist while riding in a bumper car at an amusement park filed an action against the owner of the park, asserting claims for negligence and common carrier liability. The plaintiff alleged that her car was hit head-on by another bumper car, and then immediately hit from behind, causing her to be injured when she attempted to brace herself. The plaintiff further alleged that while the defendant’s four other parks were configured so that cars could only be driven in one direction, the only steps to prevent head-on collisions at the subject park were post-collision admonitions to riders from park employees.

The trial court granted summary judgment, finding that the doctrine of primary assumption of the risk barred recovery both as to regular negligence and common carrier claims, and that the defendant did not have a duty to reduce risks that are inherent to bumper car riding. The court of appeal reversed, holding that amusement park rides are not the type of sport or activity susceptible to the primary assumption of risk analysis:

Continue reading "PRIMARY ASSUMPTION OF THE RISK: AMUSEMENT PARK RIDES" »

Huverserian v. Catalina Scuba Luv, Inc., (Second District, May 26, 2010) ---Cal.Rptr. 3d ----, 2010 WL 2089663, 10 Cal. Daily Op. Serv. 6573

The heirs of a man who died when he ran out of air while scuba diving near Catalina Island filed an action for wrongful death against the business which had rented the dive equipment to the decedent and his son for the day. The defendant moved for summary judgment, asserting that exculpatory language in the rental agreement provided a full defense. In the form rental agreement signed by the decedent, there was a lengthy liability release which was preceded by bolder underlined print which stated: “Equipment rental agreement, liability release and assumption of risk of scuba & snorkel gear for boat dives or multiple day rentals”.

Although it was undisputed that the decedent and his son did not rent the equipment for a boat dive or multiple day rental, the trial court found the exculpatory language provided a complete defense. However, the court of appeal reversed, holding that a person renting equipment for a single day could have reasonably concluded that the language did not apply:

Continue reading "LIABILITY RELEASES: RENTAL AGREEMENTS" »