A Prince George man who is suing over injuries he allegedly suffered while riding a mechanical bull knew the risks when he hopped on the machine, the businesses he is taking action against say in a response.
Prior to the ride, Scott Painter also signed a release exempting the defendants from liability should he have been injured, L.A. Promotions and Tent Rentals and 651932 BC Ltd. added in the response, filed last week in B.C. Supreme Court in Prince George.
In a notice of claim filed in November, Painter is alleging he suffered an "avulsion" to his right thumb when it became caught in the rope, as well as bruises, contusions and abrasions.
"The mechanical bull was not in a condition that was safe for use," Painter's lawyer said in the claim. "More specifically, the bull rope was not adjusted properly and no instructions were given on the use of the mechanical bull."
An avulsion is often associated with pulling a finger while trying to remove a ring.
Painter will have to prove he suffered the injuries while riding the bull because the defendants are also claiming they were not caused by the ride but rather occurred sometime before or after. They also allege no pre-existing injury or condition was aggravated by the ride.
Painter is filing the suit in relation to an event in March 2014 at L.A. Promotions' Family fun Centre. He's suing for past and future loss of income and future earning capacity among other types of damage.
The allegation have not yet been tested in court.
