Question

Dave visiting an amusement park spots a mechanical bull ride. Dave watches several customers ride the mechanical bull, and he decides it looks like fun. He pays a fee to ride the mechanical bull. The attendant at the ride gives Dave a piece of paper to sign prior to riding the mechanical bull. The paper says, "I understand that riding this mechanical bull is a dangerous activity with the risk of serious injury." Dave signs the paper, hops up on the mechanical bull, is thrown onto the surrounding mat, and suffers a compound fracture to his leg. Is the amusement park liable in tort to Dave? Why or why not?

Answer 1

Answer: The amusement park are

not liable to Dave injury, because Dave have already signed a memorandum of understanding with the amusement park, this shows that Dave already knows the injury he may get from riding the mechanical bull, but still decide to ride it.

What Dave signed was a warning from the the park, to their customers who wants to ride the mechanical bull, but still Dave did not want to listen to that warning. He has not ride the mechanical bull before, he could have asked for directions on how to control the bull.

The park will also have to show concerns on Dave's injury because it is an accident that happened to a customer in they park. A public liability insurance which covers third party injury should cover the life's of their customers who are within the parks premises.