California Supreme Court favors amusement park in bumper car injury case

Individuals who sustain injuries while riding in bumper cars will not be able to sue amusement park owners, the California Supreme Court decreed Monday. The ruling stemmed from a case involving a woman who had broken her wrist when riding a bumper car in Great America, a Bay Area amusement park, according to the Los Angeles Times.

In a 6-to-1 decision, the court decided that those who provide risky recreational activities are not liable for injuries that result from a normal part of the main attraction, be it a ride, sport, fitness class or other event.

While this ruling supports businesses, the lawyer representing Smriti Nalwa, the doctor who filed the lawsuit after taking her children to Great America,  argued that this outcome does not benefit consumers in any way. Patrons of these type of activities are no longer as safe as they once were, Mark Rosenberg, the plaintiff's lawyer, said.

Nalwa sustained her injury through a head-on collision with another bumper car. The court, however, decided that businesses cannot be held accountable for any harm that may befall an individual due to a normal part of the activity.

"The risk of injuries from bumping was inherent in the Rue le Dodge ride, and under our precedents [the park] had no duty of ordinary care to prevent injuries from such an inherent risk of the activity," Justice Kathryn Mickle Werdegar wrote in her final decision. "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."

Businesses in Arizona may benefit from this ruling as it may push forward the legal system around the country to prevent excessive frivolous lawsuits. In the meantime, discussing corporation liability protection with a Phoenix business lawyer is important, as well as following consumer protection laws.

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