Murphy v. Steeplechase Amusement Co. Brief
FACTS:
Plaintiff was at amusement park (defendant) with friends. Decided to ride “The Flopper,” fell, and broke a knee. The ride was already in motion when plaintiff entered it. Ride consisted of a moving belt, running on an incline, on which riders could seat or stand. Plaintiff argued that the ride was dangerous and not properly padded to prevent injury.
ISSUE:
Is a defendant liable when danger is reasonably foreseeable?
RULE:
When participating in an inherently dangerous activity, one accepts the obvious and necessary risk.
ANALYSIS:
By entering the ride, the plaintiff assumed the risk inherent in a moving and jerking belt designed to throw its riders off balance. Even though the ride
FACTS:
Plaintiff was at amusement park (defendant) with friends. Decided to ride “The Flopper,” fell, and broke a knee. The ride was already in motion when plaintiff entered it. Ride consisted of a moving belt, running on an incline, on which riders could seat or stand. Plaintiff argued that the ride was dangerous and not properly padded to prevent injury.
ISSUE:
Is a defendant liable when danger is reasonably foreseeable?
RULE:
When participating in an inherently dangerous activity, one accepts the obvious and necessary risk.
ANALYSIS:
By entering the ride, the plaintiff assumed the risk inherent in a moving and jerking belt designed to throw its riders off balance. Even though the ride