An operator’s duty to stop a ride when a patron is contributorily negligent in engaging in “horseplay.”

When a child unlatched a restraining chain from a swing ride and was thrown from a ride, under the state’s version of comparative negligence, the 14-year-old child was found to be of the age to be comparatively negligent. However, the operator’s “three strike” rule of demonstrated unsafe behavior before stopping the ride was insufficient to prevent an apportionment of liability.

^{Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2021 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}