Bumper Car Rider Beware!

On the last day of 2012, December 31st, the California Supreme Court has ruled that amusement parks are not legally responsible for injuries sustained while participating in a bumper car ride.  In a case entitled Nalwa v. Cedar Fair, the high court ruled that "the primary assumption of risk doctrine, though most frequently applied to sports, applies as well to certain other recreational activities including bumper car rides. We further conclude the doctrine applies to the ride here, even though amusement parks are subject to state safety regulations and even though, as to some rides, park owners owe participants the heightened duty of care of a common carrier for reward."

 Essentially, the Court reasoned that bumper car rides carry some inherent risk that is obvious, much the same way that certain sports have an inherent element of risk and that those that participate in such activities, assume the risk.  You can read the full text of the decision at: 

http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=1986250&doc_no=S195031 .

 I would point out that not all risk is assumed.  If the bumper car were defective and exploded or someone riding in the vehicle were electrocuted due to poor maintenance, the doctrine of primary assumption of the risk would not apply.  But for properly operating and maintained rides, such as the one in this case, it would appear that there will be no liability for foreseeable risks of injury.  Hopefully, in light of this decision reducing liability, amusements parks will pass on the savings and keep prices down.