Mechanical Bull Accidents: Will a Waiver Save you From Financial Ruin?
Many business owners believe that a waiver is almost like a magic shield of protection. Just because you have your participants sign a waiver, does not mean that they are unable to sue your business in the event of a mechanical bull accident. It just makes it harder. But lawyers are good at finding loopholes, that is what they are paid for. This is why a waiver is not a magic shield.
Bar still gets sued even though they use waivers
Waivers did not stop a Utah bar from having to pay $70,000 to a woman who tore her ACL while trying to get onto a mechanical bull that is set up inside of the bar. According to the lawsuit, employees allowed the 34 year old woman to get on the bull even though it was obvious that she was extremely intoxicated. The lawyer had previously represented another person that was injured on the same mechanical bull inside of the same bar.
The lawyer stated:
“That’s a dangerous bull, no doubt about it. That place is terrible. They’re very negligent in the way they conduct business. They just kind of throw people around while they’re drunk.”Burmeister’s attorney Alexander Karasik
The moral of the story
You cannot count on waivers alone to protect your business in the event of an accident. Properly trained staff, safety instructions and safety inspections on your mechanical bull will do more by keeping the accidents from happening in the first place.
NY Daily News. “Woman scores $70,000 settlement from injury suffered on notorious Midtown mechanical bull at Johnny Utah’s”. https://www.nydailynews.com/new-york/ny-metro-mechanical-bull-settlement-20181213-story.html. December 13, 2018.