Lilya v. Greater Gulf State Fair - 855 So. 2d 1049 (Ala. 2003)

Rule:

The duty owed to an invitee by the premises owner is the exercise of ordinary and reasonable care to keep the premises in a reasonably safe condition. The owner of a premises in such cases is not an insurer of the safety of his invitees, and the principle of res ipsa loquitur is not applicable. There is no presumption of negligence which arises from the mere fact of an injury to an invitee. Furthermore, the owner of premises has no duty to warn an invitee of open and obvious defects in the premises which the invitee is aware of or should be aware of in the exercise of reasonable care. If there is a dangerous condition on the premises that is not open and obvious, the premises owner has a duty to give sufficient warning so that, by the use of ordinary care, the danger can be avoided. 

Facts:

While attending a fair on premises owned by Gulf State Fair in Mobile County, John Lilya decided to ride a mechanical bull ride owned and operated by Tracy Torres, who was doing business as "Rolling Thunder & Company." Prior to riding the mechanical bull, Lilya was made to sign a document entitled “Participant Agreement, Release, and Acknowledgment of Risk”  which provides, among others, that the signatory is waiving his/her right to maintain a lawsuit against RT&C on the basis of any claim provided therein. Lilya suffered from a fractured neck from the ride. Lilya brought this action against, among others, Gulf State Fair, asserting 1) that Gulf State Fair negligently and/or wantonly operated its place of entertainment in that it breached its duty to keep and maintain the fairgrounds in a reasonably safe condition, and 2) that Gulf State Fair breached an implied-in-fact contract with Lilya to provide reasonably safe exhibits for Lilya's entertainment. Gulf State Fair filed a motion for a summary judgment, which the trial court granted. Following certification of the summary judgment as a final judgment under Ala. R. Civ. P. 54(b), Lilya filed this appeal.

Issue:

Did Gulf State Fair owe a duty to warn Lilya of the possible harm involved in riding the mechanical bull?

Answer:

No.

Conclusion:

The appellate court held that it was the allegedly dangerous condition created by the inherent risks of the mechanical bull ride itself, not the fair's conduct in allowing the lessee to lease space and to operate the mechanical bull ride, that directly caused Lilya's injury. Therefore, premises liability principles were applied. Lilya had signed a release, and was an invitee of the fair. The possibility of falling off and, accordingly, the possibility of being injured as a result of falling off, were open and obvious dangers. The fair did not owe a duty to warn Lilya of the possible harm involved in riding the mechanical bull. Without the existence of a duty, Lilya's negligence and wantonness claims failed. Also, there was no duty under an implied-in-fact contract. There was not substantial evidence of a "causating defect," or that the mechanical bull ride was not reasonably safe for the purpose intended. The summary judgment was appropriate.