Personal Injury Law

Tennessee's Leading Tort Cases - Amusement Parks - Liability of Operator

By John Day

This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  The book will be available about May 1, 2010.  To order the book go here.

Amusement Parks

 § 3.1    Liability of Operator

 The Case: Loope v. Goodings Million Dollar Midways, Inc., 553 S.W. 2d 573 (Tenn. 1977).

The Basic Facts: Female Plaintiff received an electrical shock while attempting to board a midway ride at the Knox County Fair. Defendant appealed a jury verdict in favor of Plaintiff and her husband. 

The Bottom Line:

...         '[Ride operator] owed the highest degree of care to its patrons, or that degree of care which the most prudent person would be expected to exercise in the maintenance, inspection and repair of such equipment.' 553 S.W. 2d at 574.

...         '[C]onduct by one charged only with ordinary care might amount to simple negligence, but when done by a person charged with a higher degree of care, such as a common carrier or a supplier of electricity, that same conduct could amount to gross negligence or to willful and wanton conduct justifying an award of punitive damages.' Id. at 575.

Other Sources of Note: The Loope Court cited with approval the decision in Lyons v. Wagers, 404 S.W.2d 770 (Tenn. Ct. .App. 1966). The Lyons Court stated 'that the operator of an amusement ride owes his patrons the same degree of care owed by a common carrier to its passengers, which is ‘the highest degree of care — that care which the most prudent man would be expected to exercise under circumstances similar to those shown in evidence, in the design, construction, maintenance, inspection, and repair of his vehicle and its approaches and exits.'' Id. at 274.

There is an extensive discussion of the liability of the property owner (as distinguished from the ride operator) in Lyons. Readers who are researching the liability of a property owner may wish to review the discussion of this issue in the Lyons opinion. There is not a separate section addressing the liability of the property owner because of the substantial changes in premises liability law in Tennessee since 1966 and because there are no decisions that discuss the issue since the law has changed.

There are numerous statutes that address the business of amusement rides. They are codified at Tenn. Code Ann.§ 68-121-101, et seq.

Full post as published by Day on Torts on April 02, 2010 (boomark / email).