Duane Morris Sports Law

August 20, 2012September 17, 2014 by Paul J. Killion

California Supreme Court Sets Important Assumption of Risk Case For Argument

The California Supreme Court has scheduled oral argument for October 3, 2012 in Nalwa v. Cedar Fair, an important assumption of risk case which we have previously discussed in this blog. The case presents the following issues: (1) Does the existence of a state regulatory scheme for amusement parks preclude application of the doctrine of “primary assumption of risk” with respect to the park’s operation of a bumper car ride? (2) Does the doctrine apply to bar recovery by a rider of a bumper car ride against the owner of an amusement park or is the doctrine limited to “active sports”? (3) Are owners of amusement parks subject to a special version of the doctrine that imposes upon them a duty to take steps to eliminate or decrease any risks inherent in their rides?

Interestingly, the matter is scheduled for argument at the UC Davis law school.

June 4, 2012September 17, 2014 by Paul J. Killion

Can You Sue For An Injury From A Bump On A Bumper Car Ride?

Can you sue for injuries caused by bumping on a bumper car ride? That’s the question presently pending before the California Supreme Court in a case involving application of California’s assumption of risk doctrine. The plaintiff, Dr. Smriti Nalwa, was injured at an amusement park while riding as a passenger in a bumper car “driven” by her nine year old son. Nalwa’s wrist was broken when she tried to brace herself as they collided head-on with another bumper car. Dr. Nalwa, a surgeon, sued the ride operator for her injuries. The trial court granted summary judgment against her, finding her claim barred by assumption of risk. On appeal, the Court of Appeal reversed and held that as a matter of public policy the assumption of risk doctrine should not apply to an amusement park ride. (Nalwa v. Cedar Fair, LP (2011) 196 Cal.App.4th 566, 576-578). The California Supreme Court granted review last year and briefing closed last month.

Continue reading “Can You Sue For An Injury From A Bump On A Bumper Car Ride?”

January 26, 2012July 6, 2016 by Duane Morris

On Your Marks for the London Olympics

With the Olympics now a little more than six months away, most businesses with operations in and around the UK are fine-tuning their contingency plans. Businesses large and small—whether based in Europe or simply having people pass through—need to be prepared. The Olympics will run from 27 July to 12 August with venues all over London, together with events like football and sailing outside of the capital. There are likely to be significant extra visitors to London, not only those visiting the events but also hospitality staff, security personnel, media, sponsors and hangers-on. The Olympics will be a spectacular event, and London will welcome visitors from around the world. For most organizations, however, planning is essential.

Read the Duane Morris Alert for more.