Cedar Fair has done it again. In 2011, Cedar Fair came out on the losing
end of a surprising California Court of Appeals decision, Nalwa v. Cedar Fair, L.P., a
case that stunningly held that guests riding a bumper car ride do not assume
the risk of injury caused when the cars bump. In 2013, the
California Supreme Court reversed that decision in a decision that represented
a major victory for the entire industry.
In November 2013, Cedar Fair again suffered defeat in a case called Chavez v. Cedar Fair, L.P. (“Chavez I”),
this time in the Missouri Court of Appeals.
That case broadly expanded the standard of care applied in negligence cases
against amusement parks, likening their operation of amusement rides to the
operation of airplanes, explosives or firearms.
I
strongly criticized the Chavez I
decision as not only bad in result, but bad in the flawed reasoning required to
reach that result. Well, the
Missouri Supreme Court seems to have agreed (although I won’t go so far as to
surmise that any of the justices read this blog necessarily). In a decision issued on November 12 called Chavez v. Cedar Fair, L.P. (“Chavez II”),
the highest court in Missouri not only overruled the Court of Appeals ruling in
Chavez I, but also took the
remarkable step of undoing more than sixty years of case law defining
the negligence standards applied to amusement parks in Missouri. Whereas, before Chavez II, it could safely be said that some, not all, amusement
operators would be held to a heightened degree of “utmost care” in preventing
injuries to their guests, after Chavez II,
the law in Missouri is the more appropriate “ordinary care” standard in every
amusement case. This is a big win for
the industry. And once again, we have
Cedar Fair to thank for it.
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.
Friday, November 14, 2014
On a Roll: Cedar Fair Wins A Major Victory For The Industry In The Missouri Supreme Court
Cedar Fair has done it again. In 2011, Cedar Fair came out on the losing
end of a surprising California Court of Appeals decision, Nalwa v. Cedar Fair, L.P., a
case that stunningly held that guests riding a bumper car ride do not assume
the risk of injury caused when the cars bump. In 2013, the
California Supreme Court reversed that decision in a decision that represented
a major victory for the entire industry.
In November 2013, Cedar Fair again suffered defeat in a case called Chavez v. Cedar Fair, L.P. (“Chavez I”),
this time in the Missouri Court of Appeals.
That case broadly expanded the standard of care applied in negligence cases
against amusement parks, likening their operation of amusement rides to the
operation of airplanes, explosives or firearms.
I
strongly criticized the Chavez I
decision as not only bad in result, but bad in the flawed reasoning required to
reach that result. Well, the
Missouri Supreme Court seems to have agreed (although I won’t go so far as to
surmise that any of the justices read this blog necessarily). In a decision issued on November 12 called Chavez v. Cedar Fair, L.P. (“Chavez II”),
the highest court in Missouri not only overruled the Court of Appeals ruling in
Chavez I, but also took the
remarkable step of undoing more than sixty years of case law defining
the negligence standards applied to amusement parks in Missouri. Whereas, before Chavez II, it could safely be said that some, not all, amusement
operators would be held to a heightened degree of “utmost care” in preventing
injuries to their guests, after Chavez II,
the law in Missouri is the more appropriate “ordinary care” standard in every
amusement case. This is a big win for
the industry. And once again, we have
Cedar Fair to thank for it.
Subscribe to:
Posts (Atom)