Next time you think that torts exams are too fanciful, consider the potential case of Australian tourist Erin Langworthy, 22, in Zimbabwe. Langworthy arranged to jump off the Victoria Falls bridge, but received a bit of a nasty surprise when the bungee cord snapped and there was not back up cord. Oh, and I forgot to mention, she was bungeeing above crocodile-infested waters.
Langworthy hit the crocodile-infested waters with her feet tied together. She had to swim with her feet tied but was not serious injured.
Clearly, there is a powerful assumption of risk defense here as well as a likely signed waiver. However, there is an impressive level of negligence here. First there is the bungee. Second the absence of a back up cord and, third, the location of the jumps over crocodile-infested waters. The only think missing is a gun ranger shooting from both sides of the gorge. Should assumption of the risk be a complete defense in such a case? Even if this is treated as an ultra-hazardous activity, assumption remains a defense. Of course, any assumption of the risk involved a likely assumption that the bungee cord was in reasonable shape. The assumption should apply to those foreseeable aspects of bungee jumping from the plunge and bounce. Can a defendant claim that a broken bungee is also foreseeable — and by extension swimming with really ticked off crocodiles?
In this country, we have seen high liability award in broken cord cases involving bungees or zip lines. One case involved Chinese bungee cords that are allegedly prone to failures. These cords are used in an assortment of recreational settings, as shown in this video.
Source: Daily Mail
Surely this is quite rare.
Bungee chords should have a “shelf life” perhaps.
I don’t think negligence can be completely wiped out by assumption of the risk.
What it the cord is question was negligently handled and/or was too old. No one should have to assume a risk of that sort.
My comment got eaten as well; maybe the crocs got it!
A situation worthy of a Roadrunner cartoon. Pending suit, Langworthy v. Acme Bungee Cords, Inc.
I am waiting for the new rap song….I am sure it’ll be a dandy…
No, steve. Amazingly enough, she is fine.
I just tried to post a comment and it disappeared. Maybe the crocs ate it.
Frankly, I have pushed the envelope a number of times, but I draw the line at things like bungee jumping. I also do not jump out of perfectly good airplanes. My flying career has an exactly equal number of takeoffs and landings.
I think that Jeb Corliss should be the poster boy for risk taking.
Drinks are on me rafflaw.
Screw you WordPress!
Oh! That you post you piece of shit software from Automattic!
F U AUTOMATTIC Y U NO POST MY COMMENT!?
RAGE GUY RAGE GUY RAGE GUY
F U MEME F U MEME.
Lonely guy forever meme.
I hear ya rafflaw, I had yet another completely brilliant, insightful, literally world shaking post eaten when I posted.
Of course the insulting part is that if you cut and paste the comment and try to repost it, their software complains it is a duplicate post.
Given how crappy their software is, I’m glad Automattic doesn’t make bungee cords.
Or maybe they do.
I hear ya rafflaw, I had yet another completely brilliant, insightful, literally world shaking post eaten when I posted.
Given how crappy their software is, I’m glad Automattic doesn’t make bungee cords.
Or maybe they do.
“Even if this is treated as an ultra-hazardous activity,”
Is it? Does anyone keep records? Google couldn’t find me any in a quick search.
While the company doesn’t expect their cords to break on a regular basis, they showed remarkable incompetence in having no plan for when a cord does break.
There seemed to be no one at river level in a boat, jetski, zodiac. Or on shore with rifle (for the crocs), life-raft, or life preserver.
There were no grab lines already stretched across the river.
They were situated a few hundred feet from rapids, with lots of rocks.
The foot binding mechanism seems improperly designed if it isn’t able to hold the foot securely, be unable to be released accidentally, and yet still be easily releasable in emergency.
Now, I suspect few land based bungee jumping sites have much preparation at the base of the jump to rescue a victim of a broken cord either apart from a mop.
But still.
It’s illegal for me to kill you. It’s illegal for me to kill myself (?). It’s illegal for me to encourage someone to kill themselves.
It’s illegal (?) for me to sell you a car with known defective brakes or steering.
Is a waiver really all it takes for me to let you jump off on a bungee?
I think its symptomatic that life on Earth has become to easy when people so willingly take unnecessary risks with their life & well being.
Maybe its that I was born with a birth defect or that I have suffered two freak accidents that caused significant damage to my physical structure but I have no sympathy for people who go out of their way to tempt physical harm.
This is my third attempt to post on this thread. I don’t think tempting death should be a recreational event.
This is a prime example why bungee jumping is a bad idea. If you tempt death, it may be your last temptation.
So, did Erin die ?
Second to food products, I’d say bungee cords are the thing I’d least like to see a “Made in China” tag on.
Wow! Just one more reason to not bungee jump. When you tempt death, you can get the ultimate loss.
Sounds like a Roadrunner cartoon scenario. Langworthy v. ACME Bungee Cord Co.
“The only think missing is a gun ranger shooting from both sides of the gorge.”
Shhh!
You’re going to give the adrenaline junkies more bad ideas. 😉