Murphy v. Steeplechase Amusement Co.
Citation
250 N.Y. 479 (N.Y. 1929). Court of Appeals of New York.
Facts
James Murphy visited the Coney Island amusement park and chose to ride “The Flopper” — an attraction consisting of a moving belt that caused riders to tumble and fall, which was the point and the entertainment. Murphy was thrown down and fractured his kneecap. He sued the amusement company in negligence. He had observed others riding The Flopper and falling before he chose to board.
Issue
Can a plaintiff recover in negligence for injuries sustained on an amusement ride when the plaintiff knowingly and voluntarily encountered the obvious risks inherent in the ride’s operation?
Holding
Judge Benjamin Cardozo held for the defendant. Murphy assumed the risk of falling when he voluntarily participated in The Flopper knowing that falling was the very purpose and character of the ride. He could not recover for injuries resulting from the known, inherent risks of the activity.
Rule / Doctrine
Assumption of risk is a complete defense to negligence when the plaintiff knowingly and voluntarily encounters a risk that is obvious and inherent to an activity. A defendant is not negligent for failing to make an activity safe from the very risks that define it. The rule applies with particular force in recreational contexts: one who takes part in a sport accepts the dangers that inhere in it so far as they are obvious and necessary. Cardozo’s famous observation: “The timorous may stay at home.”
Significance
Murphy v. Steeplechase is a classic assumption-of-risk case, memorable for Cardozo’s prose. It illustrates the traditional common law defense and contrasts with modern jurisdictions that have folded assumption of risk into comparative fault. It is also used to teach the limits of negligence liability in recreational and sporting contexts.