Universal Studios sued for injuries suffered on Harry Potter ride
You may have read in the news recently that Universal Studios is being sued. The lawsuit stems from a ride malfunction that occurred in 2022.
The Harry Potter ride stalled as a result of a power outage, leaving dozens of people stranded in an awkward position until they could be unloaded from the ride. Several people suffered injuries as a result of this incident.
Amusement park injuries can be different that ordinary injuries. Ordinarily, party A owes party B the duty of reasonable care not to cause injuries.
But in an amusement park setting, this is different. This is because California courts classify rollercoaster and other amusement park rides as “common carriers.”
A common carrier is when one party pays the other for safe carriage or transportation. Because the party using the services is paying for it, the law imposes a higher, stricter duty of care.
California Civil Code section 2100 holds that “A carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.”
The California Supreme Court ruled that this statute applies to amusement park rides, including rollercoasters. The case is Gomez v. Superior Court. There, the California Supreme Court held that the Indiana Jones ride at Disneyland fell under the ambit of Civil Code Section 2100’s common carrier rules. In Gomez, a Disneyland patron died shortly after experiencing the Indiana Jones ride attraction.
The Court analyzed and said that when a patron rides a roller coaster, he or she voluntarily relinquishes all control to the theme park operator to experience the jarring thrill of the ride. Common carrier rules impose a strict duty on the amusement park operator to ensure the safety of all patrons who experience the rides.
The Court of Appeal held that waterslides are also considered common carriers under California law. That case was Sharufa v. Festival Fun Parks, which I previously discussed here.
It will be interesting to see how the Universal Studios Harry Potter ride lawsuit plays out. The ride, which I’ve been on, is not really a rollercoaster. But it does involve sudden twists and turns with a 3D viewing experience. My opinion is that it is not a stretch to argue that the Harry Potter ride is more similar than not to a rollercoaster.
If you or someone you know suffered an amusement park injury, whether at Universal Studios or any other of Southern California’s many theme parks, you should consult with a lawyer knowledgeable with California’s common carrier rules.
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