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Segal McCambridge's team, led by Associate William Gray, secured a summary judgment victory in a negligence case stemming from a collision on the "Riptide" course at Adventure Park.
The court determined that the doctrine of assumption of risk, coupled with the Participant Agreement/Waiver and Release (the "Waiver"), precluded any duty of care owed to the plaintiff.
Before the alleged accident, the plaintiff electronically signed the Waiver, watched a safety video, and observed warning signs, rules, and instructions at the park. She admitted seeing a safety video instruction limiting zipline elements to one person at a time and recalled being instructed to call staff for assistance. Neither she nor her son sought help before the accident.
The founder and CEO testified that ziplining inherently involves risks and that failure to follow rules can lead to injuries. He also confirmed that the accident was not equipment-related, that all zipline courses were inspected daily, and that there were no prior complaints or similar incidents.
Despite the plaintiff's argument for helmet provision, no evidence or expert opinion supported this claim.
In applying the doctrine of assumption of risk, the court must assess whether the defendant's negligence created unique, dangerous conditions beyond the usual risks inherent in the recreational activity. Here, the plaintiff failed to establish the existence of such dangerous conditions. Consequently, the plaintiff's complaint was dismissed.
