Patron Can Sue CGA For Bumper Car Injury

[bkroz]

http://www.mercurynews.com/breaking-news/ci_18249348?nclick_check=1

In a ruling Friday, a divided San Jose-based state appeals court found that a local doctor could sue the owners of Great America for a broken wrist suffered while riding a bumper car with her son in 2005. The decision overturned a Santa Clara County Superior Court judge's decision to toss the lawsuit because of the conclusion the park did not have a legal duty to guarantee against such an injury.

The 6th District Court of Appeal disagreed, saying a jury should decide if Cedar Fair Entertainment, Great America's owner, was negligent in failing to take steps to prevent head-on collisions on the bumper car ride. The lawsuit alleges Cedar Fair took precautions at other amusement parks it owns, but not at Great America's "Rue Le Dodge" bumper car ride.

"(Cedar Fair) holds the park open to the public with the promise of safe fun and excitement," Justice Conrad Rushing wrote for the court. "Without question, it is best situated to minimize any risks associated with its rides.

"Although bumping is part of the experience of a bumper car ride," the court continued, "head-on bumping is not. In fact, it is a prohibited activity."

The lawsuit was filed by Smriti Nalwa, identified in court papers as a San Jose doctor who took her young son and daughter to Great America in July 2005. According to the ruling, she was one of 55 people injured on the bumper car ride out of several hundred-thousand patrons during the 2004 and 2005 park seasons, although the only person to suffer a fracture.

http://www.mercurynews.com/breaking-news/ci_18249348?nclick_check=1

So, this patron has the right to sue based on someone who does not represent the park choosing to perform a "prohibited activity?"

I think this is absolutely silly and if there is any justice in the world, it won't progress far. But still, I expect Kings Island's bumper cars will now crank down the speed on their already turtle-paced cars.

[Oldiesmann]

I hope not. The bumper cars at Great America appear to be much faster than those at KI, and they're a completely different design as well:

http://www.youtube.com/watch?v=7EqDgAANU_Y&feature=related

[bkroz]

I hope not. The bumper cars at Great America appear to be much faster than those at KI, and they're a completely different design as well...

Not anymore. According to that article at least, their bumper cars had an island added in the center in 2006, directing the flow a bit more and making it look more like ours. The suit alleges that that safety precaution had been added at all of the Cedar Fair parks except Great America, which is negligent on behalf of the owner.

[CoasterGeek101]

Wow! They do look a LOT faster than ours!

[Oldiesmann]

That video I posted is from 2010. The cars are faster and of a different design than those at KI. Interestingly enough, Wikipedia indicates that they did add a concrete island to that ride in 2005 (see the article on Six Flags Great America - the ride at California's Great America is apparently a copy of the one at the Six Flags park of the same name). I'm guessing that isn't a coincidence.

[KIBOB]

The 6th District Court of Appeal disagreed, saying a jury should decide if Cedar Fair Entertainment, Great America's owner, was negligent in failing to take steps to prevent head-on collisions on the bumper car ride. The lawsuit alleges Cedar Fair took precautions at other amusement parks it owns, but not at Great America's "Rue Le Dodge" bumper car ride.

"(Cedar Fair) holds the park open to the public with the promise of safe fun and excitement," Justice Conrad Rushing wrote for the court. "Without question, it is best situated to minimize any risks associated with its rides.

The lawsuit was filed by Smriti Nalwa, identified in court papers as a San Jose doctor who took her young son and daughter to Great America in July 2005. According to the ruling, she was one of 55 people injured on the bumper car ride out of several hundred-thousand patrons during the 2004 and 2005 park seasons, although the only person to suffer a fracture.

Ok, so I can understand that Cedar Fair probably had to accept any legal obligations like this during the aquisition of PP, but it was not the fault of Cedar Fair at that time. It was the neglegence of CBS, which in my opinion, is what they should have used in the wording of this article. Unless, ofcourse, it was written by someone who had absolutely no idea.