“Man goes to bar. Man consumes alcohol. Man rides mechanical bull. Man falls.”
A familiar story to anyone who has ever visited a Texas-style honky tonk. The synthesis of alcohol and a simulated rodeo is difficult for anyone to resist. Unfortunately, the combination can also lead to embarassing falls and, in some cases, injury.
Sounds like the makings of a good lawsuit, right?
In Thom v. Tonk, No. 03-11-00700-CV (Tex. App – Austin, Aug. 30, 2012), a Texas man filed suit against Rebel’s Honky Tonk after injuring his back after falling from the bar’s mechanical bull. The man signed a release before riding the bull but failed to disclose his chronic back condition to the operator. Nevertheless, the man rode the bull, found himself thrown from it, and fractured two vertebrae in his back.
The trial court granted the bar’s motion for summary judgment on the basis of release and assumption of risk. On appeal, the man argued that the release was inconspicuous and that actual knowledge could not replace the requirement that the release be conspicous. However, the Austin Court of Appeals found that the release’s title, “PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK,” left little doubt as to the document’s purpose. Furthermore, the man testified at his deposition that he understood that the release was a waiver in the event he was injured. So there goes that argument.
Notwithstanding his signature on the release, the man also argued that because he did not read the document, he could not have known the risks involved in riding the bull. But then again, the man did testify that before mounting the bull, he did not witness anyone ride without falling. And, of course, this is Texas, so undoubtedly the man has witnessed a rodeo a time or two. In any event, the court was unpersuaded, holding that one is presumed to a know the contents of a contract that one signs.
A difficult sale it is to contend that one did not appreciate the risks of riding a mechanical bull. Unlike the rodeo, the purpose of the mechanical bull is more than an 8-second ride. The end-game is the fall. Never has a mechanical bull operator thrown his hands up after a customer’s short stint on the bull saying, “Ok, Ty Murray. I give up. You are too good.” You get on the mechanical bull to get tossed and to provide a good laugh for the crowd.
Injuries are obviously no laughing matter. But, in this case, mechanical bull suits belong in the courtroom like a bull belongs in a china shop.