Injured while careening down an amusement-park-style slide, Lesly Lopez filed a personal-injury lawsuit again Allied Amusement Shows (AAS), who had contracted with another company to provide and operate the street-fair ride.
Lesly claimed the the subcontractor's employees had placed a slippery substance at the end of the attraction and didn't take appropriate precautions to ensure patrons wouldn't be harmed.
After the Bronx County Supreme Court let AAS out of the case, Lopez appealed.
Typically, liability for a dangerous condition will not be imposed unless a party has "ownership, control or a special use of the property." Since AAS neither owned nor controlled the ride, and an "independent contractor" was solely responsible for its operation, the Appellate Division, First Department, could find no error in letting the company slide.
The AD1 didn't think AAS owed Lesly a "nondelegable duty," given the absence of a statute or regulation imposing an obligation, and also concluded that there was no compelling "public policy" reason which required a contrary result.
Nothing amusing there.
To view a copy of the Appellate Division's decision, please use this link: Lopez v. Allied Amusement Shows, Inc.