Court Rules Waterslides are Common Carriers
Are waterslides at California water parks considered “common carriers” under California tort law?
This was the question the California Court of Appeal decided last month in Sharufa v. Festival Fun Parks, LLC. It was a case of first impression, meaning it was the first time the Court ruled on this issue and created new law for Californians.
A common carrier is a concept dating back to the 1800s. It usually applies to the transportation realm, such as buses, trains, and taxicabs. Patrons must pay to use these forms of transportation, so the law imposes a higher or stricter duty on them to protect the public. Common carriers have higher responsibilities for passenger safety—they must use the utmost care and diligence for the safety of its passengers. As the decades progressed, California courts have found that common carrier rules also apply to elevators, escalators, and ski resort lift chairs (Squaw Valley Ski Corp. v. Superior Court, 2 Cal.App.4th 1499 (1992)).
At the Raging Waters water park, one of the slides required the use of an inner tube to slide down. The rider would land in a pool of water at the end of the slide. Riders were supposed to slide down on their backs, but Sean Sharufa got knocked onto his stomach while sliding down. He landed in the pool with such force that he fractured his pelvis.
Sharufa sued Festival Fun Parks, the owner of Raging Waters. He argued that the park was negligent by not warning riders to remain on their backs while sliding down. He maintained that a water slide is a common carrier and thus owed riders like Sharufa a higher degree of care to protect him from injuring himself.
Sharufa’s argument had support in previous cases. In Gomez v. Superior Court (2005) 35 Cal.4th 1125, the California Supreme Court ruled that rollercoasters at amusement parks are also common carriers. The rationale was that “riders of roller coasters and other thrill rides seek the illusion of danger while being assured of their actual safety.” A roller coaster combines ups and downs with jarring jumps, drops, and unpredictable movements.
The Court here agreed with Sharufa. A waterslide rider experiences twists and turns. Riders expect the sensation of danger without actually being in danger, much like they do on roller coasters. A waterslide rider surrenders control while being transported from one place to another. Therefore, the Court ruled that waterslide operators owe riders the heightened duties of a common carrier.
This newly decided law is just in time for summer in California. Although Californians are still advised to avoid large crowds during the COVID19 pandemic, eventually water parks in California will open to the public. When they do, Californians can be rest-assured that waterpark operators will owe them the stricter common carrier duties.
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