Contemporary Business and Online Commerce Law 7th Edition by Henry R Cheeseman

Exercise 1

Assumption of the Risk

Lilya v. The Greater Gulf State Fair, Inc.

855 So.2d 1049, Web 2003 Ala. Lexis 57 (2003)

Supreme Court of Alabama

“Here, the only evidence of danger stemming from the mechanical bull ride is the most open and obvious characteristic of the ride: the possibility of falling off the mechanical bull.”

—Judge Houston

Facts

The Greater Gulf State Fair, Inc., operated the Gulf State Fair in Mobile County, Alabama. One of the events at the fair was a mechanical bull ride for which participants paid money to ride the mechanical bull. A mechanical bull is a ride where the rider sits on a motorized device shaped like a real bull, and the ride simulates a real bull ride as the mechanical bull turns, twists, and bucks. The challenge is to stay on the bull and not be thrown off the bull. A large banner above the ride read: “Rolling Thunder.”

John Lilya and a friend watched as a rider was thrown from the mechanical bull. Lilya also watched as his friend paid and rode the bull and also was thrown off. Lilya then paid the $5 admission charge and signed a release agreement that stated:

I acknowledge that riding a mechanical bull entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

Lilya boarded the mechanical bull and was immediately thrown off onto a soft pad underneath the bull. Lilya reboarded the bull for a second ride. The bull ride began again and became progressively faster, spinning and bucking to the left and right until Lilya fell off the bull. On the fall, Lilya landed on his head and shoulders, and he suffered a fractured neck. Lilya sued Gulf State Fair to recover damages for his severe injuries. The trial court granted summary judgment to Gulf State Fair, finding that Lilya had voluntarily assumed an open and obvious danger. Lilya appealed.

Issue

Was riding a mechanical bull an open and obvious danger for which Lilya had voluntarily assumed the risk when he rode the mechanical bull?

Language of the Court

As the landowner, Gulf State Fair would owe Lilya, its invitee, the duty to use reasonable care. The owner of premises has no duty to warn an invitee of open and obvious defects in the premises which the invitee is aware of or should be aware of in the exercise of reasonable care. Here, the only evidence of danger stemming from the mechanical bull ride is the most open and obvious characteristic of the ride: the possibility of falling off the mechanical bull. Lilya was aware that the two riders who had ridden the mechanical bull immediately before he rode it had fallen off. He noticed the thick floor mat, and he knew that the mat was there to protect riders when they fell. Also, he signed a release that explicitly stated that riding the mechanical bull involved inherent risks and that the risks included falling off or being thrown from the bull which could result in head, neck, and back injuries. Additionally, the very name of the ride—“Rolling Thunder”—hanging on a banner above the ride, gives a somewhat graphic indication of what is the very nature of bull riding: an extremely turbulent ride the challenge of which is to hang on and not fall off. The entertainment value—and, indeed, the concept—of bull riding becomes meaningless without the inherent possibility of falling off. “Volenti non fit injuria” (a person who knowingly and voluntarily risks danger cannot recover for any resulting injury).

Decision

The Supreme Court of Alabama held that riding a mechanical bull and being thrown and injured by the bull is an open and obvious danger and that Lilya had voluntarily assumed the risk when he rode the bull and was thrown and injured. The state supreme court affirmed the trial court’s grant of summary judgment in favor of Gulf State Fair.

Case Questions

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Critical Legal Thinking What does the doctrine of assumption of the risk provide? Do you think the doctrine of assumption of the risk should be recognized by the law? Explain.

Ethics Did Gulf State Fair act ethically by making money from such a dangerous activity as mechanical bull riding? Did Lilya act ethically in suing for damages?

Contemporary Business What public purpose does the defense of assumption of the risk serve? What would be the consequences if this defense were not available? Explain.

Step 1 of 8

Assumption of Risk:

The Doctrine of assumption of risk can be used as a defense against strict product liability charges. It states that the defendant needs to prove that the plaintiff is well aware of the risk arising from using the product and despite the fact he preferred to use it and thus assumes the full responsibility for the risk.