Assumption Of The Risk Applies To Bumper Car Rides.

Assumption of the Risk?

Toward the end of a bumper car ride at Great America amusement park, with plaintiff’s nine-year-old son at the wheel, and plaintiff as a passenger, plaintiff braced herself by placing her hand on the dashboard. Her son described that “something like cracked,” and plaintiff’s wrist was fractured. The California Supreme Court found:  “We conclude the primary assumption of risk doctrine, though most frequently applied to sports, applies as well to certain other recreational activities including bumper car rides.”  Nalwa v. Cedar Fair, L.P. (Cal. Sup. Ct.; December 31, 2012) 55 Cal.4th 1148.