The Dolphin did it. That is likely to be the defense of the Brookfield Zoo near Chicago, which is being sued for the 2008 fall of Allecyn Edwards. Edwards fell while walking near the exhibit of Atlantic bottlenose dolphins.
The dolphins were performing and where there are dolphins performing there is usually water. In her lawsuit, she alleges that zoo officials “recklessly and willfully trained and encouraged the dolphins to throw water at the spectators in the stands, making the floor wet and slippery.”
She claims that there were no warning signs or protective mats or strips placed in the area. That would be surprising since the zoo is potentially liable for such anticipated conditions. As public invitees, there is a duty not just to warn but to make safe.
Edwards is demanding $50,000 for lost wages, medical expenses and emotional trauma from the Chicago Zoological Society and the Forest Preserve District of Cook County.
For the full story, click here.
Oh, oh poor me. Now if I was at the elephant exhibit and this happened then I could maybe see a basis of a lawsuit. Since we are with the Dolphins that we know did not make it into the tuna can. I’d say this was purely Assumption of Risk. Kind of like walking on the interstate at night in dark clothing and expecting not to get hit.
are dolphins the new cats?
AY:
How does one overcome the assumption of risk argument indeed even for “invitees”? I have never seem a promotional photograph of any Sea World style attraction that doesn’t have the perfunctory [insert large sea mammal here] playfully splashing water on the giggling crowd. Will the fair Allecyn contend that she is unaware of this likelihood? Will she argue she has no reason to know that that tile surrounding water-filled pools can become wet and hence slippery even in the absence of sea life? Will she say she didn’t see the center ring attraction of the school of dolphin splashing the water along her path? mespo727272 declines representation on cases like these. BTW Lady Allecyn is demanding “in excess” of $50,000.00 not that paltry sum mentioned in the article.
mespo,
I can only hope that when this case is summarily dismissed that the attorney does not get hit too hard with sanctions. Sea World is or was owned by the makes of Budweiser. When they sold last year I am unsure if the Belgium owners kept them under the Corp Umbrella or if they were sold off as a non-core business asset which the Dutch/Belgium businesses do.
If they are still owned by the Belgium’s then they are in for a fight.
The wiley dolphin was probably a friend of that Damn evil cat!!!
This case is now live at the AllRise Court. Cast your vote and opinion – http://bit.ly/AllRise242
You can never be too careful when those pesky and messy Dolphins get down with their partying. I am thinking that this lady will be searching for money somewhere else very soon after her case is dismissed.