Woman Sues Disney After Injury on Waterslide
A woman has filed a lawsuit against Disney World after sustaining what was described as “gynecological” injuries while she was descending from the waterslide. The waterslide, called Humunga Kowabunga, is the steepest and fastest waterslide in the theme park. She claims that the ride forced her swimsuit into a painful “wedgie” when she was impacted by the water at the bottom of the slide. According to the lawsuit, the park-goer experienced immediate pain upon hitting the bottom of the slide and blood began gushing out of her lower regions. The woman had to be hospitalized as a result of the injury. The lawsuit accuses Disney of negligence in failing to warn park goers of the potential dangers related to the ride or providing protective clothing such as shorts to prevent such an injury in the first place. Disney did not respond to a request for comment on the lawsuit.
Analyzing the lawsuit against Disney
This lawsuit is considered an amusement park lawsuit. Generally speaking, amusement park lawsuits are filed against amusement parks when someone is injured or killed on one of their rides. While this happens infrequently, serious injuries can be sustained in such accidents. In the case mentioned above, the rider suffered apparently severe injuries for which she had to be hospitalized. It is unclear what the extent of the injuries is or if they are permanent.
According to Disney, riders can reach speeds of 40 mph as they descend along 60-degree angle 214 feet downward. The plaintiff claims that as she descended the ride, she went airborne and lost contact with the ride itself. The impact was severe enough to drive her bathing suit into her body.
Amusement Park lawsuits
When someone is injured in an amusement park, the amusement park is generally liable for their injuries. This is especially true in the event that they followed all the instructions that were given to them when they rode the ride. The amusement park can claim that they failed to follow instructions and thus pin some of the liability on the plaintiff. But in most cases, the plaintiff wins these lawsuits and recovers damages related to their injuries and pain and suffering. Plaintiffs can sue the amusement park itself and the company that manufactured the ride. Such lawsuits are filed under a theory of product liability, so amusement parks are often strictly liable for injuries that occur. While they can blame the plaintiff for their own injuries, it’s difficult to imagine how they would do so in the lawsuit mentioned above. In that case, the rider was riding the ride as instructed and something went horribly wrong causing her a severe injury.
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If you have been injured due to the negligence of another individual or company, you are entitled to file a lawsuit to recover damages. The Matassini Law Firm represents the interests of Tampa residents who have been injured due to negligence. Call our Tampa personal injury lawyers today to schedule a free consultation and learn more about how we can help.