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9 Vand. J. Ent. & Tech. L. 369 (2006-2007)
Rider Beware: Relying on the Courts and a Nationalized Rating System to Address the Duty of Care Owed to Amusement Park Attractions Guests

handle is hein.journals/vanep9 and id is 377 raw text is: Rider Beware: Relying on the Courts and a Nationalized Rating System to Address the Duty of Care Owed to Amusement Park Attraction Guests I. D ESIGNING THRILLS ................................................................... 372 II. THE SAFETY OF FORCES INVOLVED ............................................ 374 III. DEFINING EXPECTATIONS ........................................................... 377 A . Legislative A ction ................................................................. 377 B. Defining Liability in the Courts .......................................... 379 1. The Duty of Ordinary Care ............................................ 380 2. The Duty of the Utmost Care (Common Carrier) ......... 381 III. ANALYZING THE STANDARDS ...................................................... 383 A. The Benefits of a Common Carrier Standard .................... 383 1. The Language of the Law .............................................. 384 2. The Point of Using the Transportation ......................... 385 3. Consistency of Enforcement .......................................... 387 4. Prom oting Rider Behavior ............................................. 388 B. The Assumption of the Risk Defense ................................... 391 IV. SOLVING THE PROBLEM .............................................................. 394 A. Imposing a Common Carrier Standard ............................. 394 1. Issue of Tort Law as a Regulatory Method ................... 396 B. Creating a Federal Ratings System .................................... 398 1. Issue of Commerce Clause Authority ............................ 399 2. Issue of Com placency ..................................................... 400 V . C ON CLU SION ............................................................................... 401 The sun is shining bright in the sky on a beautiful Monday morning. A boy leaves his mother's side and excitedly trots down the cement path. With a bright red sign to the left, he lines up behind other children and gets ready to board the large yellow vehicle. As soon as they are seated, ready to go, the operator releases the brake. The boy waves to his mom, as he always does, and she waves back. She is a bit anxious, but this trip has been made many times by her child and others. The vehicle starts to move, and the passengers begin their journey. The bus is not traveling to a school or camp, however.

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