This happy honeymoon picture of South Dakota couple Dustin Wiseman, 37, and Melissa Wiseman, 38, recorded the scene for an alleged tort by Medieval Times in Buena Park. The couple was eating dinner when a Medieval sword fight allegedly felled Dustin with a metal shard that broke off from one of the swords. Wiseman suffered a severe injury to his eye and is now seeking $10 million from the company.
Notably, the sword was made of the distinctly non-Medieval metal of titanium. The injury to his left eye required three surgeries and he is now blind in that eye.
It would seem unlikely that there was another source for the titanium shard and that the factual causation would be likely conceded absent a case of fraud.
There could be a waiver form but this is the only warning published on the site:
Medieval Times is a live horse show in an enclosed arena. Persons sensitive to horses or with respiratory conditions, allergies or asthma attend at their own risk. Medieval Times uses stroboscopic effects which may be a factor in triggering epileptic seizures. Medieval Times is not responsible for lost or stolen property. Restaurant seating is subject to availability. Entry in the Castle constitutes consent to use any film, video or likeness to bearer. The possession or consumption of alcoholic beverages is prohibited under the legal age limit. Identification required. No refunds. No exchanges. No cash value. Valid only for date and time purchased. No substitutions. Not valid for special engagements.
It is hard to see the defense. It would not appear a case of contributory negligence given the fact that the couple was simply having dinner. It would also not seem a case of assumption of the risk since one does not assume the risk of being cut down by a shard. That leaves solely the question of damages.
There is also the question of the liability of the sword manufacturer. It would be interesting if the sword manufacturer warns that the swords are not rated for actual sword fighting. Some sites have rather confusing warnings like “Warning! Sharp edges blade (option) is very dangerous to be used during combat. We take no responsibility for effects of such using.”
Source: OC Weekly