“Here, the only evidence of danger stemming from the mechanical bull ride is the most open and obvious characteristic of the ride: the possibility of falling off the mechanical bull.” —Houston, Justice 

Facts: The Greater Gulf State Fair, Inc., operated the Gulf State Fair in Mobile County, Alabama. One of the events at the fair was a mechanical bull ride, for which participants paid money to ride the mechanical bull. A mechanical bull is a ride where the rider sits on a motorized device shaped like a real bull, and the ride simulates a real bull ride as the mechanical bull turns, twists, and bucks. The challenge is to stay on the bull and not be thrown off the bull. A large banner above the ride read “Rolling Thunder.” John Lilya and a friend watched as a rider was thrown from the mechanical bull. Lilya also watched as his friend paid and rode the bull and also was thrown off. Lilya then paid the $5 admission charge and boarded the mechanical bull. He was immediately thrown off onto a soft pad underneath the bull. Lilya reboarded the bull for a second ride. The bull ride began again and became progressively faster, spinning and bucking to the left and right until Lilya fell off the bull. On the fall, Lilya landed on his head and shoulders, and he suffered a fractured neck. Lilya sued Gulf State Fair to recover damages for his severe injuries. The trial court granted summary judgment to Gulf State Fair, finding that Lilya had voluntarily assumed an open and obvious danger. Lilya appealed. 

Issue Was riding a mechanical bull an open and obvious danger for which Lilya had voluntarily assumed the risk when he rode the mechanical bull? 

Language of the Court: Here, the only evidence of danger stemming from the mechanical bull ride is the most open and obvious characteristic of the ride: the possibility of falling off the mechanical bull. Lilya was aware that the two riders who had ridden the mechanical bull immediately before he rode it had fallen off. Additionally, the very name of the ride—“Rolling Thunder”—hanging on a banner above the ride, gives a somewhat graphic indication of what is the very nature of bull riding: an extremely turbulent ride, the challenge of which is to hang on and not fall off. “Volenti nonfit injuria” (a person who knowingly and voluntarily risks danger cannot recover for any resulting injury). 

Decision: The supreme court of Alabama held that riding a mechanical bull and being thrown and injured by the bull is an open and obvious danger and that Lilya had voluntarily assumed the risk when he rode the bull and was thrown and injured. The state supreme court affirmed the trial court’s grant of summary judgment in favor of Gulf State Fair. 

Ethics Questions: Did Gulf State Fair act ethically by making such a dangerous activity available to the public? Did Lilya act ethically in suing for damages?