Coleman v. Ramada Hotel Operating Co.

933 F.2d 470 (1991)

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Coleman v. Ramada Hotel Operating Co.

United States Court of Appeals for the Seventh Circuit
933 F.2d 470 (1991)

  • Written by Rose VanHofwegen, JD

Facts

Peggy Coleman (plaintiff) fell and broke her ankle while participating in an obstacle course on grounds owned by Ramada Hotel Operating Co. (defendant). The first obstacle involved climbing a playground slide backward—up the chute, then down the stairs. The slide was in good repair, with solid handrails, presenting no latent danger. Coleman climbed the chute successfully but slipped and fell from the stairs despite holding the handrails and descending carefully, one tread at a time. Coleman sued Ramada for (1) failure to warn and (2) negligent operation of the obstacle course. The trial court found that Coleman voluntarily assumed obvious risks inherent in the activity and granted summary judgment for Ramada. Coleman appealed.

Rule of Law

Issue

Holding and Reasoning (Cudahy, J.)

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Casebooks

Torts

Key Terms

  • Secondary Assumption of RiskArises if an actor's negligence has created a risk, and the victim appreciates the existence and nature of the risk but consciously chooses to proceed in the face of it.
  • Express Assumption of RiskAn absolute defense to negligence, based on a plaintiff’s voluntary exposure to a known danger by an express agreement that he will relieve the defendant of its legal duty toward him.
  • Primary Implied Assumption of RiskAn affirmative defense in tort law that arises if a victim knowingly and voluntarily participates in activities that carry inherent risks. In that event, a court will deem the victim to have agreed to assume any risks reasonably understood to be inherent aspects of the activity. Primary implied assumption of the risk frequently involves situations in which a plaintiff either engages in a dangerous line of work or participates in a risky sport or recreational activity. The primary-implied-assumption-of-the-risk defense cannot be raised in the healthcare context.

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