An injured plaintiff did not assume the risk of shooting off a water slide, traveling the entire length of a 50-foot splash pond in an inflated inner tube, colliding with the stairs at the other end of the pool and vaulting out of the tube onto the cement surrounding the pool, an appellate court ruled yesterday. Noting that the slide did not function as intended, a unanimous panel of the Appellate Division, Second Department, concluded in Mussara v. Mega Funworks, 2011-01511, that the dangerous condition posed by the “Pirate’s Plunge” at a Dutchess County park “was unique and above the usual dangers that are inherent in riding down a water slide.”

The panel upheld the dismissal by Dutchess County Supreme Court Justice Christine Sprout of several claims made by Anthony Mussara against Mega Funworks, the proprietors of SplashDown Beach in Fishkill, but reinstated negligence allegations against the park, which on its website says, “You can ride the Plunge, but you can never tame it!”

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