Citation- Legal Brief
Citation: Babine v. Gilley’s Bronco Shop, Inc.
District Court of Appeal of Florida, First District
May 13, 1986
Facts: The appellant, Michael P. Babine brought suit against Gilley’s Bronco Shop, Inc. damages from injuries sustained at Kevin’s West, Inc. a nightclub, where he was thrown off the mechanical bull “El Toro”. The mechanical bull was sold to Kevin’s from Gilley’s. Gilley’s purchased it from another party. The purpose of the mechanical bull was for training rodeo cowboys.
The appellant signed a form releasing Kevin’s night club from any liability that might occur when riding the mechanical bull. Kevin’s placed mattresses around the mechanical bull to help cushion the fall when riders where thrown from the bull. However, it was found at the time of the appellant’s injuries the mattresses where not pushed adequately together. The appellant was thrown off the mechanical bull hitting his head on the floor where there was a gap in the mattresses causing serious head and other injuries.
The appellant sought recovery for the following reasons: the mechanical bull was defective because the manufacturer did not supply adequate landing gear to the purchaser, since the bull is fundamentally dangerous the owner is a t fault for not preventing harm of its customers.
There was no evidence that the mechanical bull’s design caused the plaintiff’s injury. There was no substantiation that that showed that El Toro performed unsafely when used as intended with the recommended padding. The design called for a landing pad and warned all purchasers of this requirement. Nothing was shown in this case to prove that the mattresses used were not adequate to ensure reasonable and acceptable safe operations of the mechanical bull. The manufacturer of the mechanical bull had no way to foresee that it would be used without the recommended pad. The purpose of El Toro, the mechanical bull was to train rodeo performers. Gilley’s had no way to know that the mechanical bull was
District Court of Appeal of Florida, First District
May 13, 1986
Facts: The appellant, Michael P. Babine brought suit against Gilley’s Bronco Shop, Inc. damages from injuries sustained at Kevin’s West, Inc. a nightclub, where he was thrown off the mechanical bull “El Toro”. The mechanical bull was sold to Kevin’s from Gilley’s. Gilley’s purchased it from another party. The purpose of the mechanical bull was for training rodeo cowboys.
The appellant signed a form releasing Kevin’s night club from any liability that might occur when riding the mechanical bull. Kevin’s placed mattresses around the mechanical bull to help cushion the fall when riders where thrown from the bull. However, it was found at the time of the appellant’s injuries the mattresses where not pushed adequately together. The appellant was thrown off the mechanical bull hitting his head on the floor where there was a gap in the mattresses causing serious head and other injuries.
The appellant sought recovery for the following reasons: the mechanical bull was defective because the manufacturer did not supply adequate landing gear to the purchaser, since the bull is fundamentally dangerous the owner is a t fault for not preventing harm of its customers.
There was no evidence that the mechanical bull’s design caused the plaintiff’s injury. There was no substantiation that that showed that El Toro performed unsafely when used as intended with the recommended padding. The design called for a landing pad and warned all purchasers of this requirement. Nothing was shown in this case to prove that the mattresses used were not adequate to ensure reasonable and acceptable safe operations of the mechanical bull. The manufacturer of the mechanical bull had no way to foresee that it would be used without the recommended pad. The purpose of El Toro, the mechanical bull was to train rodeo performers. Gilley’s had no way to know that the mechanical bull was