Anthony Boarman sued tour provider The Handlebar and Isentark Entertainment after falling onto pavement while dismounting from an elevated pedal pub in August 2021. The Indiana Court of Appeals affirmed summary judgment for both businesses, holding that the signed electronic waiver effectively shielded the operator from negligence claims. Additionally, judges dismissed allegations under the state Dram Shop Act because staff lacked actual knowledge of visible intoxication during service. The ruling stands as a non-binding memorandum decision issued on November 6, 2026, until officially certified.
Key points
Tour operators can successfully enforce pre-trip electronic liability waivers even if the…: Tour operators can successfully enforce pre-trip electronic liability waivers even if the document omits the precise word negligence.
Dram shop claims require definitive proof that servers had actual knowledge of a patron's…: Dram shop claims require definitive proof that servers had actual knowledge of a patron's visible intoxication during alcohol service.
Late-asserted affirmative defenses may still be accepted by courts if the opposing party…: Late-asserted affirmative defenses may still be accepted by courts if the opposing party receives an adequate opportunity to rebut them.
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A leisurely afternoon exploring downtown Indianapolis on a pedal-powered pub tour ended with an unexpected injury and a lengthy legal battle for one participant. What began as a two-hour outing with friends, complete with stops at local bars and restaurants, eventually turned into a lawsuit after a man fell while getting off the elevated bicycle-style vehicle. Five years later, the Indiana Court of Appeals has upheld a ruling in favour of the tour operator and a restaurant, finding that a liability waiver signed before the ride protected the operator against the negligence allegations.
A pub crawl takes an unfortunate turn
According to the Indiana Court of Appeals, Anthony Boarman joined a group of friends for a Handlebar pedal-bar tour through downtown Indianapolis on August 1, 2021. The mobile platform accommodates groups of up to 12 passengers, who sit facing inward around the vehicle. Its seats are approximately 48 inches above the ground, with pedals serving as steps to help passengers climb aboard.
The two-hour experience included stops at Monument Circle, Condado Tacos and Coaches Tavern. Boarman brought a six-pack of…
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