Timothy Briggs DeFoor Business Law 2990 Section 3 1. Case Name, Citation, and Court Lilya v .

Greater Gulf State Fair, Inc. So.2d (2003 WL379425, Sup. Ct., Ala., 2003 2. Key Facts A. The Gulf State Fair in Alabama had a mechanical bull ride called Rolling Thunder. B. John Lilya paid five dollars to ride the mechanical bull. C. Lilya watched as most people who were riding fell off the bull and onto a thick floor mat. His friend rode before him and also fell off. D. Lilya signed a form stating that he understood the risks related to the ride and would not hold the mechanical bull operator responsible if he was injured on the ride. E. When Lilya fell off and onto the mat on his second ride he fractured his neck. F. Lilya sued the Gulf State Fair for negligence. 3. Issues Was the Gulf State Fair negligent and responsible for Lilyas injuries? 4. Holding No. The Alabama Supreme Court ruled that the Gulf State Fair had no duty to warn Lilya of an open and obvious danger of riding a mechanical bull, and Lilya should have used reasonable care when choosing to ride. 5. Courts Reasoning A. The obvious danger in riding a mechanical bull is falling off. B. Lilya watched two other riders before him fall off when they attempted to ride. C. Lilya also saw the thick floor mat and knew it was there to protect riders when they fell from the mechanical bull. D. Lilya signed a release that clearly stated that riding a mechanical bull involved risk of injury to a riders neck and back. E. Lilya saw the sign Rolling Thunder which graphically showed the extreme nature of the ride. F. Lilya voluntarily rode the bull even though he knew about the risks. G. The chance of getting injured on this ride was open and obvious so the Greater Gulf State Fair was not negligent.