Occurred in contributory negligence state

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Reference no: EM133615240

Question

Pat buys a ticket for a Ferris wheel ride at a traveling carnival. The back of the ticket has language that states, "Ferris wheels are a dangerous form of entertainment. The purchaser assumes all risks in the operation and function of the Ferris wheel and waives any claims against the Carnival Company for any negligence that might occur in the operation of said Ferris wheel or for any damages or injuries he may receive as a result of this ride." While Pat is sitting in one of the seats, the operator wanders away from his post and doesn't see that several bolts attaching the seat to the wheel have come loose. Pat's seat falls and he is injured. Can he sue the carnival company? If your answer is yes, what defenses are available to the carnival company? Does your answer change if the entire incident occurred in a contributory negligence state?

Reference no: EM133615240

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