Woman gets $9.9 Million in Amusement Park Settlement
A woman who suffered traumatic brain injury, when she fell from an amusement park ride, got $9.9 million dollars in the settlement.
The lawsuit stated that the defendant’s gross negligence approximately caused the plaintiff to suffer the traumatic brain injury. According to the lawsuit, the 44 year old plaintiff fell from one of the rides which was owned and operated by the defendant, when the ride went into sudden deceleration.
Several hours after the accident when the plaintiff was at home, she became nauseous, dizzy and began vomiting then began losing neurologic functioning. Her husband then rushed her to the local hospital where she went for an emergency craniotomy.
Doctors decided that the plaintiff had suffered an intracranial hemorrhage when she had fell from the ride earlier that day. The long term results of the traumatic brain injury include: an epilepsy seizure disorder, left sided hemiparesis, and facial palsy.
The plaintiff and her husband then sued the amusement park company for negligence, arguing overall that the reckless operation of the ride proximately caused the plaintiff to fall. They specifically alleged and were able to prove that the ride was being operated at twice the manufacturer’s recommend speed, which is 15 miles per hour.
The also provided post-injury measurements of that ride being constantly operated at a high speed in excess of 30 m.p.h. The couple challenged the enforcability of the defendant’s liabilities waiver, they suggested that it was ambiguous because its definition of “released activities” did not include the particular ride where the plaintiff was injured on.
While amusement parks are a great source of entertainment and fun, amusement park accidents can be very serious events. Some accidents can result in permanent injury and even death to the victims. Wrongful death lawsuits can and have been filed against some amusement park. Some other serious injuries associated with amusement park injuries include: whiplash, neck and back injuries, heart attacks, broken bones and even internal injuries.
Daniel A. Gibalevich
DAG Law Firm