Family Sues After Child is Injured On Roller Coaster
The family of a child who was severely injured aboard a roller coaster has filed a lawsuit against the park owners accusing them of negligence. The boy suffered from a condition known as Marfan Syndrome which renders individuals nearly completely blind. The family asked the park employees to place the boy in a double cart with another rider because of his condition. The park told the family that he would be fine in a single cart.
The problem with the ride is that it allows riders to manipulate and steer the cart on the track, something a blind person is unlikely to excel at. In this case, the cart stopped abruptly and the boy, thinking that the ride was over, got out. He was subsequently pinned beneath the cart when it started moving again, and had to be rescued by firefighters sustaining serious injuries. Had the employees listened to the family, the boy would likely be fine. In this case, they didn’t, and he was seriously injured. The boy was stuck on the tracks for over an hour and sustained serious injuries to his legs. The family wants the park to pay for the boy’s injuries.
Amusement park injuries
Amusement parks are strictly liable if their rides cause injury to a patron. The only exception is when the patron goes out of their way to get themselves hurt. In these cases, the park can claim that the patron was not following instructions and that the park is therefore not liable for their injuries. If the patron is doing what they’re supposed to be doing, then the park is not liable.
In this case, the parents warned the park that their son was blind and recommended that he be allowed to enjoy the ride in a double cart with another passenger who would control the brakes and whatever else. The park said no, put the blind boy in a single cart, and tragedy ensued. In this case, because the parents warned park employees about their son’s condition and the park employees rejected the parents’ advice just before he was injured, the park is liable for the injury.
Amusement parks generally hire kids to operate their rides. However, anyone with a bit of sense in their head would just do whatever the parents asked them to do. If the park employees had, the child would likely be uninjured. If the child was injured, then the park could blame the parents for recommending a course of action the park disagreed with. In this case, because the park employees, who were likely teenagers, countermanded the parents’ recommendation, the park became liable for the boy’s injury even though he got off the ride in the middle of its operation.
So, let that be a lesson to all business owners that cater to children. If a parent asks you to do something, just do it because they’re liable if they’re wrong. If you think you know better and end up wrong, then you’re probably going to be sued.
Talk to a Tampa Personal Injury Lawyer Today
Injured in an amusement park or recreational business? Call the Tampa personal injury lawyers at The Matassini Law Firm today and learn about how you can recover damages related to your injuries, lost wages, and reduced quality of life.