Can You File a Personal Injury Lawsuit Over a Go-Kart Accident?
When you are driving your car on the highway, you assume that the other drivers will act in a reasonably safe manner. And if, say, a reckless driver rear-ends you and you sustain a serious injury, you have the right to file a personal injury lawsuit to recover your damages. But what if you are injured in an accident that involves a go-kart ride in an amusement park?
Appeals Court: Injured Patron Assumed the Risk
Here, the rules are a bit different. Whenever you voluntarily engage in any sort of recreational activity, Georgia law may impose an “assumption of risk” upon you. In simple terms, if you knew that an activity carried certain safety risks, understood those risks, and chose to voluntarily participate anyway, you cannot then seek damages against the sponsor of that activity, even if there may have been negligent behavior.
Assumption of risk often comes up in cases involving amusement park ride injuries and accidents. The Georgia Court of Appeals recently addressed such a case. In Fun Spot America of Atlanta v. Johnson, the plaintiff celebrated his birthday at the defendant’s amusement park. The plaintiff had visited the park before, and in particular he was familiar with its go-kart course.
On this particular day, the plaintiff rode on the go-kart course twice. The first time proceeded without incident. After completing his second ride, however, another patron rear-ended the plaintiff, causing him to sustain serious injuries. The plaintiff subsequently sued the defendant, alleging it was negligent in maintaining and operating the go-kart attraction.
The defendant raised the assumption of risk as an affirmative defense and moved for summary judgment. The trial court denied the defense motion, but the Court of Appeals reversed, holding the amusement park was entitled to a dismissal of the case. The Court of Appeals cited the “undisputed evidence” in this case that the plaintiff “was familiar with and had previously ridden on the go-kart course, was aware that the go-carts were driver operated, and knew that the go-karts occasionally made contact with one another during the ride.” The park also posted a number of written and audio warnings to patrons that they chose to ride “at your own risk.” This included the risk that another patron might accidentally bump the plaintiff’s vehicle from behind, as allegedly happened here.
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It is important to emphasize that the assumption of risk defense is not a “get out of jail free” card for amusement park operators. Assumption of risk is meant to cover situations where a patron assumes the risks inherent to the ride or activity. It does not absolve the park operator of its duty to keep its premises in reasonably safe condition for guests. For example, if you are injured because a roller coaster failed due to a mechanical defect, the park owner could not argue that you assumed the risk the ride would be defective.
If you have been injured on someone else’s property, you should speak with an experienced Atlanta personal injury lawyer right away. Call Hawkins Spizman Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
Source:
scholar.google.com/scholar_case?case=852932435644631572
