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Relax. The same standards of "utmost care" have already been lawfully applied to Pirates of the Caribbean and, before that, the extinct Stagecoach ride.
Disney has not lost the lawsuit, they've just been ruled against on a Demurrer. Which means that the plaintiff has a case that can now proceed. Certainly if Pirates of the Caribbean is held to the standard of a "carrier for pay," then Indy must be.
In some states, amusement park rides are not held to this standard, but they have always been held to it in California. Disney tried the lame argument that, just because a ride does not transport a person from one place to another and because the passenger's purpose is thrill and excitement rather than transportation, it is not a carrier. This may seem to make common sense until you consider the example of a helicopter sightseeing tour whose purpose is also thrills rather than transport, and which also returns passengers to their starting point. Should the helicopter not have to meet the standard of "utmost" care?
So, then, why should Indiana Jones or any Disney attraction not have to meet that same standard? The standard simply means that the ride must be exceedingly safe. As safe as a city bus or an elevator. It does not mean safe for every single person on the planet under every possible human circumstance. It simply means that Disney must use every effort to assure safety. I am comfortable with that standard. It's been in place for decades, and mind-jarring, G-force-stressing rollercoasters have continued to be built in this state.
I don't see any dumbing down of Indy or other rides coming from this particular ruling. (However, if Disney goes on to actually lose the lawsuit, that may change.)
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