Assume you own an amusement park.
1. Would the dissent’s reasoning in the Whitlock court of appeals decision apply to the trampoline in your amusement park business? Explain.
2. Would a warning and close supervision protect you from liability under the court of appeals decision? Explain.
3. Would you have the duty of due care for your customers that the Supreme Court said the University of Denver did not have for Whitlock? Explain.
Even if the plaintiff has established all of the necessary ingredients in a negligence claim, the defendant may still prevail by asserting a good defense. The two most prominent legal defenses in these cases are (1) comparative or contributory negligence and (2) assumption of the risk.