MBA 610 Module 3 Discussion-Negligence-Nawal v. Cedar Fair
Defense of Nalwa v. Cedar Fair
After examining the Nalwa v. Cedar Fair, 55 Cal. 4th1148 case, the defense that can be made is assumption of risk. Assumption of risk is in the law of torts that can be found in a negligence action.
This distinct tort can “bar an individual from recovering damages for an injury sustained when he or she voluntarily exposed him or herself to a known danger” (Justia, 2018.).
The plaintiff voluntarily entered an amusement park and willingly got on the bumper car ride, knowingly exposing herself to a ride that may cause potential harm. In order to put up a successful defense for assumption of risk, the
defendant must demonstrate that “1) the plaintiff had actual knowledge of the risk involved and 2) the plaintiff voluntarily accepted the risk https://www.solvedcollegepapers.com/product/mba-610-mba610-mba-610-3r-d
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