Murphy v. Steeplechase Amusement Co.

166 N.E. 173 · New York Court of Appeals · 1929

Facts

Plaintiff fractured his kneecap after falling on "The Flopper," an amusement park ride designed to make patrons fall. He claimed the belt jerked suddenly and was dangerous, but the court found no adequate basis for the belt being out of order. The ride's inherent nature was to cause falls, which was obvious to participants.

Issue

Can an amusement park be held liable for injuries sustained by a patron on an attraction where the inherent and obvious risk of falling is part of the entertainment, even if the patron alleges a sudden jerk?

Holding

No. The judgments for the plaintiff were reversed, and a new trial was granted, implying the plaintiff assumed the risk of falling inherent in the attraction.

Rule

Under the doctrine of *volenti non fit injuria*, one who voluntarily participates in a sport or amusement accepts the dangers that are obvious and inherent to that activity.

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Case brief last reviewed 2026-01-07. Prepared by CaseReader from the published opinion.