This week the California Court of Appeals, Sixth District, issued its ruling in Nalwa v. Cedar Fair, LP., holding that a California amusement park operator cannot rely on the doctrine of assumption of risk to defend against a negligence lawsuit because 1) doing so would undermine California's policy of strict regulation of amusement rides and 2) because, even putting aside public policy, the doctrine of assumption of risk simply does not apply to amusement rides in California. The decision is potentially a game changer in California, and will undoubtedly be influential in other ride related cases around the country.
About Me
- Erik H. Beard, Esq.
- I am a consultant and general counsel to International Ride Training LLC as well as a practicing attorney in Avon, Connecticut. A particular focus of mine is the legal needs of the amusement and tourism industry. My focus on the amusement industry derives from my pre-law career as an operations manager with Cedar Fair Entertainment Company and Universal Orlando. Having started my career as a ride operator at Cedar Point in 1992, I progressed through the seasonal ranks and ultimately became the Manager of Ride Operations and Park Services at Worlds of Fun in Kansas City. I also worked in Universal's operations department during the construction and development of Islands of Adventure. Today, I am an active member of the New England Association of Amusement Parks & Attractions and the International Association of Amusement Parks & Attractions. I have been invited to speak at amusement industry meetings and seminars and have worked on a variety of matters relating to this industry.
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