Nielsen & Mukerji Wins a $1.3 Million Verdict for a Boy Injured in a Bounce House

Mukerji and Team Win a $1.3 Million Verdict for a Boy Injured in a Bounce House

A recent win by child injury attorney Sam K. Mukerji, who second-chaired the trial with his former law partner, is drawing attention from state and local news outlets in Houston. The trial covered an injury that happened in 2010, when a 9-year-old boy and his brother were playing on The Chaos, an inflatable bounce house at Pump It Up of The Woodlands. When the boy’s brother climbed off the equipment, the change in air pressure caused an imbalance and the boy fell 7 feet to the floor.

Results of the Fall

The fall caused him to hit his head on the concrete, resulting in a skull fracture and bleeding on the brain. He now stutters, suffers memory problems and other emotional challenges as a result of damage from the impact. His mother believed Pump It Up of The Woodlands should be held accountable for the lack of adequate security and monitoring in the area.

Negligence, No Supervision

Mukerji’s team successfully represented the family in the trial against PIU Holdings, LLC, parent company of Pump It Up of The Woodlands. They presented a premises liability case based on evidence that the area was an existing hazard that was not addressed by the corporation. The team argued that while the boys were in an area where they should not have been, the play center was negligent because no supervisor was present, and the barriers were inadequate. Following effective witness testimony, photos and video recordings, the court agreed that Pump It Up of The Woodlands was negligent and awarded $1,312,000 to the family.

A Long Road Ahead

The verdict doesn’t change the suffering experienced by the family, but it will help the family to provide their son with adequate care. Equally importantly, the verdict will send a message to other play centers to ensure the safety of their equipment and patrons.

Media Coverage

The results of this case and $1.3 million verdict for the family are being covered at length in the Houston media by Fox26 Houston and KHOU Houston Channel 11.

Video Transcript

Melinda: A jury has ordered Pump It Up of the Woodlands to pay a local family more than $1.3 million for an accident involving an inflatable structure.

Don: The Jury found the facility negligent in the injury a child sustained there three years ago. Fox 26’s Katie McCall is live in the newsroom with the mother’s reaction. Katie?

Katie: Don and Melinda, Pump It Up of the Woodlands is a popular destination for children’s birthday parties and other outings, but almost everyone has heard of these bouncy house facilities. Well, one Mother says her two children will never go to any place like that because of what happened to her son.

Kimberly: I don’t want to be an angry person but it is very, very difficult to see this every day.

Katie: Kimberly is angry at Pump It Up of the Woodlands because of an accident that happened three years ago, one that changed her then nine-year-old son’s life forever.

Kimberly: There’s no surgery, there is nothing that can go in and repair his brain.

Katie: The boy and his brother were on this object called the Chaos. This animated simulation used in court, shows what happened next. The boys were on a part of it that is not intended for climbing, when the boy’s younger brother jumped down, the older boy was thrown up and fell seven feet onto a concrete floor, cracking his skull.

Plaintiff’s Attorney: That pushed the air up in that single chamber and basically, propelled the older brother off onto his head, he received a skull fracture, and three brain bleeds.

Katie: A jury found Pump It Up of the Woodlands negligent.

Plaintiff’s Attorney: They should never have been allowed to climb up there, and if they were supervising properly, it never would have happened.

Katie: Texas law says there should be one employee monitoring children for each inflatable object, but when the fall occurred not a single monitor was in the room.

Plaintiff’s Attorney: The reason why they had zero monitors is there was a conscious choice on the part of one of the managers of Pump It Up of the Woodlands to have their one attendant go between two different rooms, and there were four inflatables in each room.

Katie: Kimberly’s son is now 13, and she says the former A and B student suffers from significant developmental delays.

Kimberley: He struggles, academically.

Katie: Doctors testified that he has lesions on three areas of the brain that control things like memory, language, and impulse, causing emotional and cognitive problems for which there are no simple solutions.

Kimberley: Emotionally he will have anger outbursts as well as just crying at school, at home. He went from having friends to not really having friends. His ability to make decisions has changed. He can’t really make good decisions on his own. He is very impulsive. We have sleep issues.

Katie: The family was awarded $1,312,000, money that will help with the boy’s needs, but Kimberly hopes it will also prevents this from ever happening to someone else’s child.

Kimberley: This is not acceptable. You shouldn’t go to an amusement inflatable place and have your life changed forever.

Katie: We contacted Pump It Up of the Woodlands for comment but we have not received a response from them yet. One important thing for parents to know that even if you sign a waiver for your child to enter a facility like Pump It Up, that waiver is not legally enforceable. That’s because in Texas you cannot legally waive any child’s right against injury, so in spite of that signature, you can still sue these facilities if they break the law and your child is hurt. Live in the newsroom Katie McCall, Fox 26 news.

 

Video Transcript

Narrator: At six now, a Houston family has been awarded more than a million dollars after their son was seriously injured at a popular indoor park. Our Lauren Tallerico talks with the mother and joins us now live from the newsroom with more on that story. Lauren?

Lauren: Well, Kimberly said that she thought her child would be safe playing at the Pump It Up on Sawdust Road, that’s just South of the Woodlands. It’s full of inflatables and other attractions that kids would love, but that wasn’t the case. Back in 2010, Kimberly’s then 9-year-old son was sitting on an inflatable that was seven feet up. That’s when he fell off and hit his head on the concrete floor below, only covered by a thin carpet. Now he fractured his skull, and had bleeding on the brain in three places.

According to the lawsuit, he was playing on a part he wasn’t supposed to be on, but no one told them that. And there was no safety monitor in the room with him at the time. Now Kimberly is speaking out because she has a message for other parents.

Kimberly: So we want the public to know so that businesses like this can be held accountable to the standards that Texas has put in place for them. There shouldn’t be any expectation of going to a place like this and having your life forever changed.

Lauren: This past Friday a jury found that Pump It Up was negligent. Kimberly was awarded $1.3 million in damages. In the newsroom Lauren Talerico, KHOU 11 News.

Image courtesy of: khou.com

Haunted House

Haunted House Accidents: They Happen More Often Than You Think

Haunted houses can be terrifying, but that’s why we love them. Us thrill-seekers and Halloween-lovers go to haunted houses just to have zombies jump out of dark corners and scare us. We don’t mind being afraid in a haunted house because the fear is superficial and will pass. But when an accident occurs, the terror becomes real.

In a house with all the lights dimmed, people jumping out of the shadows, and screams filling the air, it seems that there might be a million ways someone can get injured. What is important to know, however, is that many times the people who get injured at haunted houses are the employees. As you prepare to go to haunted houses this season, here are a few haunted house injuries to keep in mind:

Common Haunted House Injuries to Customers

  • Slips, Trips, and Falls – This one is really not surprising at all. Walking into a dark house after being in the sunlight can be very disorienting. If there are any loose cables, bumps in rugs, or debris lying around, a person can easily trip and fall.
  • Scaring Gone Wrong – It’s a haunted house employee’s job to frighten you, but that doesn’t mean it always works. It’s rare, but sometimes, haunted house actors will take the role too far and break guidelines in trying to scare you. This can result in a haunted house actor actually grabbing or pulling on a customer, which of course can lead to injury.
  • Carbon Monoxide – Many haunted houses set the mood with artificial fog, which is created by pumping chemicals into the air. Without proper ventilation, this has been known to lead to carbon monoxide poisoning.
  • Impatient Moving Trams – Some haunted houses use trams to move customers through the haunted house. If not timed right, the tram only stops for a few seconds to let a customer in. There have been known incidents where a customer is not quick enough to get into the tram, and ends up being knocked to the ground by the sudden jolt of motion.
  • Exposed Protrusions – If an attraction is moved and screws or other exposed protrusions are left behind, it can cause lacerations or bruises to visitors that don’t see them while walking through the dark house. These sharp protrusions can also come from mannequins or broken guardrails.
  • Falling Props – Props that are moved or knocked often can become unstable and fall on visitors, some of which are small children that are only half the size of the prop.
  • Trampling – In a haunted house, people are known to be both excited and terrified. If one of the attractions frightens a whole group of people, they might decide to run away all at once and trample on other visitors. A terrified might fall backwards over a rail or out the window. These instances are infrequent, but they do happen.

Common Haunted House Injuries to Employees

  • Haunted House Throat – The condition “haunted house throat” is known to happen after excessive screaming and howling. It leads to a sore throat and hoarse or lost voice. Though common, the condition is easily treatable.
  • Cleaver Elbow – This condition is very similar to “tennis elbow,” in that it comes from raising the arms too many times. Haunted house employees will raise their arms to scare customers, and after doing this a lot, it can lead to muscle soreness that leads to pretty severe elbow pain.
  • Spooked Customers – Believe it or not, haunted house visitors are the performers’ greatest threat. Panicked patrons have been known to respond physically to being scared, lashing out and causing broken noses, bite marks, bruises and other bodily trauma to the employees.
  • Freak Accidents – It’s rare, but freak accidents have been known to occur to employees. For example, an employee looking to scare customers with a noose might slip and fall and actually end up hanging from the noose. This can be especially dangerous, as these employees might be overlooked and viewed as props.

Going to a Haunted House

There is much madness going on when you enter a haunted house. While the haunted house does have a duty of care to its visitors, it is important for customers to be aware of the harm they can cause out of fear.

If you’re headed to a haunted house, make sure to be aware of your surroundings as an attempt to avoid injury. However, when negligence is involved, injury may be unavoidable. If this is the case, then you should hire a personal injury attorney. Doing so will help to cover your medical expenses.

child injury guide

Two Children Were Injured in a Bounce House Flies Over 50 Feet

Two Children Were Injured in a Bounce House Flies Over 50 Feet

Two toddlers were injured after climbing into a bounce house that was not properly secured before a gust of wind blew it 50 to 60 feet. The incident happened at Sullivan Farm in Nashua, New Hampshire early Sunday afternoon. The first child, a 2-year-old boy, was critically injured and flown to Tuft’s Medical in Boston. The second boy injured is a 3-year-old. He was transported to St. Joseph’s Hospital and is expected to be OK.

Gary Bergeron, a co-farmer at Sullivan Farm, stated that the bounce house had been purchased a few days earlier with no stakes and was set up to dry out from the previous week’s rain. According to Bergeron, he blocked the ride off with a few hay bales. However, Ron Perry, the father of one of the boys, asked a farm volunteer how much the bounce house was, and the volunteer said that it was open and free of charge. There were no signs indicating that it was closed.

If you or a loved one were injured in a bounce house, Mukerji Law Firm can help. Our experts focus on child injuries, and we will fight to get you the justice you deserve. Call today for a free consultation today.

Read more: wmur.com

Image courtesy of click2houston.com

Girl Hurt

The True Facts about Common Child Daycare Injuries

Childcare settings are all about educating children through games and activities. But when something goes wrong, you might begin to question every detail of what goes on at your child’s daycare. To gain a better understanding, let’s start with our own game of “True or False.”

  • Licensed childcare facilities have a legal responsibility to prevent and report any and all child injuries that occur. This is, of course, true.
  • Childcare professionals should be trained on how to respond to any and all injuries that might occur to children under their care. Again, this statement is true.
  • If your child is injured while at daycare, it is a result of abuse and should be treated and documented as such. False!

In fact, the most common injuries that occur in a daycare setting are unintentional and not a result of abuse at all. You can’t always keep your children happy, but when you drop them off at daycare, you at least want to know that they’ll be safe. Yet while childcare providers ought to be attentive and experienced enough to prevent injuries, sometimes accidents still happen.

As a parent or guardian, you’re bound to worry about your kids and what could happen to them. Worrying is normal, but an excessive amount of anxiety can be unhealthy for you and your children. One important thing to know is that while sometimes a child’s injury at daycare can be severe, it doesn’t necessarily indicate abuse.

Unintentional Daycare Injuries

Hopefully if a child gets injured while at daycare, it was an accident. That being said, even accidents can result in serious consequences. Here are the most common unintentional injuries that children face in a daycare setting:

  • Minor injuries, such as cuts, scrapes and bruises
  • Severe injuries, such as dislocations, broken bones, head or neck injuries, internal injuries and dental injuries
  • Unintentional poisoning
  • Drowning or near-drowning
  • Burns
  • Choking or suffocation

As you may have noticed, some of these injuries are much more severe than others. Parents of very young children, however, have less reason to worry. Reports indicate that the rates of injury are low for infants, and actually increase with the age of the child. Children between the ages of two and five are more susceptible to getting inured at daycare. Meanwhile, at age five, the rate of injuries is higher for boys because they tend to be involved in more active physical play than five-year-old girls.

How and Where Does It Happen?

Falling is the leading cause of child injuries at daycare. Not surprisingly, 50 to 60 percent of childcare injuries take place on the playground, where kids tend to fall down left and right as they climb over each other to get to the slide and struggle to make it across the monkey bars. Sometimes other objects, such as furniture or toys, are involved in children getting injured at daycare. One kid fighting another over a toy might trip over whatever’s lying on the ground and bang their head on the way down. It is the responsibility of the childcare supervisor to step in before that happens, but sometimes these things happen so fast that he or she can’t get there in time.

Other injuries that definitely indicate oversight or carelessness, but can still be considered unintentional, are when a child gets cut by a sharp edge, burned by a hot surface or hot water or poisoned by toxic materials. It’s also worth noting that sometimes children get injured in a car or bus while being transported to a field trip location.

Intentional Injuries

When it comes to a daycare setting, intentional injuries are less common. They are generally a result of an overly aggressive child or, worst-case scenario, a caretaker committing acts of child abuse. Some children engage in aggressive behavior because of behavioral problems that can either be genetic or a result of their home environment. For instance, it’s not uncommon for a child with parents going through a divorce to become aggressive in a daycare setting. Parents and childcare supervisors can help these children out by remaining sensitive to their emotional needs, reinforcing coping skills and encouraging them to take part in other physical activities that release anger, such as kicking a ball or running.

If your child comes home with unexplained or repeated injuries, or injuries that don’t make sense such as bruises in the shape of an object or broken bones in a child that can’t walk or climb, this might indicate abuse. If you have any suspicions that your child is being abused at daycare, don’t hesitate to contact your local police department as soon as possible.

*Image courtesy of Jesse Millan

child injury guide

Preparing Paperwork

Prepare for Your Free Legal Consultation Session

Hiring a lawyer can be a costly business. Whether you need someone to represent you for a criminal matter, write a will or handle a divorce, it’s important to find the right lawyer for your case. But how do you know you have a case? That’s the first question everyone ready to hire a lawyer asks themselves.

Finding out if you have a case doesn’t have to be an overly expensive process. In fact, it doesn’t have to cost anything at all. Many law firms offer free consultations about your prospective case. Here are a few steps you should take to ensure that you come to your consultation completely prepared:

1) Bring All Necessary Documents

Be sure to bring with you any and all documents that might help your case. Even if you are not sure, it’s better to bring them than leave them behind. If you’re handling a divorce, bring your marriage license. If you’re dealing with a case of abuse, bring any and all police reports filed.

2) Take Notes

As you discuss your case with your potential lawyer, there will be a lot to take in. Writing notes for yourself is a great way to make sure you don’t miss anything.

3) Be Completely Honest

This may be the most important step. Make sure you are completely honest in your account of your legal problem. Your conversation with your lawyer is confidential, and cannot be shared with anyone without your explicit permission. That being said, put everything on the table, including issues you may feel sensitive about or that concern family members.

4) Ask Questions

If you want every detail covered in your consultation with a lawyer, you have to be the one to ask all the right questions. For your guidance, here are some important questions to consider:

  • Is the lawyer’s professional background/experience similar to your legal problem?
  • What is the lawyer’s proposed strategy for handling your legal problem? What are your options?
  • How will your legal problem be managed and staffed? Who will be handling negotiations and court appearances?
  • How much does the lawyer charge for his or her services? How much should you expect to pay in legal fees, and when does he or she expect for you to pay them?
  • Let’s say you have special requirements for your case – can the lawyer meet these needs?
  • How long has the lawyer been practicing law? Where and when did the lawyer graduate from law school?
  • Can the lawyer put you in touch with former clients for whom they have handled legal matters similar to yours?
  • What potential problems or obstacles might you encounter while taking your case to trial?
  • How long does the lawyer think your legal issue will take to resolve?
  • What are the possible outcomes of your case?
  • How can your lawyer be reached? When can you expect to hear reports about your case (weekly, monthly, etc.)?
  • Finally, before you leave, ask the lawyer if there are any questions that you should have asked but didn’t.

5) Read All Documents Carefully before You Sign

If you are required to sign documents, ask your lawyer to fully explain what exactly it is that you’re signing. Take your time reading the document yourself as well. If there’s anything at all that you don’t understand, ask your lawyer to explain before you sign.

6) Keep Your Own Files

Ask your lawyer for copies of any and all documents, letters and forms regarding your case. If you have to sign something, make sure you get your own copy. You should also keep the written fee agreement for your records.

7) Listen!

Of course you want to be heard when you explain your legal problems, but it is very important that you listen with the same undivided attention. Don’t let your note taking distract you from lending an ear. Remember that while your lawyer’s judgments are based on legal training and experience, he or she is not a magician. No lawyer wins every case they tackle, and sometimes the best legal advice might not be exactly what you want to hear. Just know that whatever the proposed plan of action, your lawyer has your best interests in mind and will do his or her best to carry out your legal problem effectively.

*Image courtesy of moppet65535

child injury guide

Child Injured in Go Karting Injury

Go-Karting Injuries: Can I Sue If I Signed an Injury Waiver?

Go-karts can be an exciting and adventurous experience for your thrill-seeking kid, but they can also be very dangerous. Simply put, a go-kart accident, even with proper safety equipment, rarely results in zero injuries. Below are the types of injuries that typically result from go-kart accidents, listed in order of seriousness:

  • Loss of limb, traumatic head or brain injuries, ocular or eye injuries, hip or femur injuries, lacerations, fractures, internal injuries and burns.
  • Contusions and abrasions, strains and sprains, hematomas and dislocations.
  • Punctures, avulsions, headaches, aches and pains, or hypertension.

As anyone can see, most injuries that come from go-kart accidents, even many of those that are less serious, require medical attention. While go-karting is considered an extreme sport and therefore comes with its associated risks, there is still room to be compensated in the event that a tragic injury occurs.

What Happens If You Signed a Waiver? Can You Sue?

Though the law varies from state to state, it is generally pretty likely that you can get around a signed waiver in the event that a serious, documented go-kart injury occurred. There are two main reasons why a go-kart racing facility will have you sign a waiver:

  • To make you aware of the risk you’re taking on the racetrack and in doing so, encourage you to act more safely while racing.
  • To deter you from filing a lawsuit in the event that an injury occurs.

The second reason for having you sign the waiver is surprisingly very effective. Most people don’t even bother filing a lawsuit because they assume that the waiver will deter any pursuit of legal action from actually taking place. However, this is not actually the case.

In order for a waiver to be effective and enforceable, it needs to have incorporated two very important details:

  • Clear and obvious wording whenever the actual release is stated, making it easy to see. This can be in the form of bold print, all caps or a colored font.
  • Language that is easy for the average person to read and understand.

Most often, waivers contain the important details in fine print or heavy wording. While this might give the go-kart racetrack operator some peace of mind, it actually bodes poorly for the business because it opens them up to liability in the event of an injury.

Let’s Talk about Go-Kart Negligence

Regardless of whether or not you signed a waiver, the business has a duty of care to all persons using the go-kart facilities. In some cases, an injury occurs due to some form of negligence. If you suspect this has occurred, the best thing to do is gather evidence around your theory that negligence has indeed occurred.

What types of situations indicate negligence? One common form of negligence is the event in which the driver had a defective go-kart, as it is the facility’s responsibility to maintain its go-karts for the safety of the driver. Sometimes, however, a go-kart is defective because of its design. If this is the case, liability for your child’s injury can reach all the way up to the manufacturer of the product.

Other cases of negligence involve a failure to warn. This means that poor or lack of signage could have caused a driver to misinterpret the severity of a sharp turn, leading them to crash. Lastly, improper maintenance could have caused a roadblock in the racetrack that led drivers to crash as well.

Consider Taking Legal Action

If you suspect negligence was a factor in your child’s go-kart injury, your next step should be to gather evidence. If you can get a video of the incident, that would be invaluable as evidence. If not, however, you might be able to build a case with eyewitness accounts.

Go-kart accidents are no laughing matter and often result in very serious injuries. If you or your child has suffered injury from a go-kart accident, don’t let a waiver intimidate you out of filing a lawsuit. Holding someone liable for you or your child’s injuries can significantly help by providing compensation for medical bills, physical and emotional suffering and expenses on the road to recovery.

*Image courtesy of TheMuuj

child injury guide

Hurt Girl

What Should I do If My Child Is Injured at a Park or Playground?

It’s all fun and games until someone falls off the monkey bars. Not surprisingly, most injuries that take place at school and daycare facilities happen on the playground. Children get let out for recess to let off some steam, and sometimes that can lead to a game of rough housing being taken a little too far.
Most of the time injuries on the playground are harmless, however, the Centers for Disease Control reports that more than 200,000 children under the age of 15 end up in the emergency room after being injured on the playground. Of those injuries, nearly 45 percent are serious, meaning that they result in bone fractures or dislocations, strangulation, internal damage, or eye and head trauma.

Even if your child’s injuries from the playground are less serious, there are a number of factors that can determine who is liable. The tricky part about playground injuries is that nearly anyone can be considered liable for negligence. As a parent, your first step is to gather evidence around how the injury occurred. Below are a few examples of situations where liability is an obvious factor in what caused your child’s injury:

1. Lack of Supervision

Most playground injuries where liability is a factor are a result of negligence on whoever was supposed to be supervising the children. A school or daycare that owns the playground has a responsibility to protect the children who use it. If you believe that your child was injured as a result of negligence, you’ll need evidence to prove that the injury was foreseeable and preventable. Access to photographs and videos would be ideal; but if those aren’t available, look into finding eyewitness accounts.

2. Equipment Failure

Let’s say that you take your daughter to the playground and push her a couple of times on the swing before that swing breaks. Now your daughter is in the emergency room with a broken arm – who should be paying for her medical bills? The answer is: whoever owns and maintains the property. This could mean a school or your local department of parks and recreation. Regardless, if there was a problem with the swing, the property owner should have either fixed it or posted clear and visible signs indicating that the swing was in bad shape.

Keep in mind that if you and your child were trespassing, by way of being there after hours or using a private playground that you didn’t have access to, the property owner cannot be made liable for your child’s injuries.

3. Animal Bites

Sometimes parents bring their dog along with their children to a public playground. In the event that this dog becomes aggressive, perhaps because of loud noises or children taunting it, and bites your child, you can hold the animal’s owner responsible. If this particular playground allows for dogs to be present, it might be worth bringing the issue to the property owner and advocating for a separate dog park.

4. Child-on-Child Injuries

Some children are known to be aggressive and exhibit bad or threatening behavior. If your child gets into an altercation with an aggressive child, and it results in injury, you are undoubtedly going to be inclined to go after the parents. While this is within your prerogative, there are other factors that should be considered if this incident happened at school.

  • Does the said child have a documented history of aggression?
  • Did your child partake in any aggressive behaviors during the incident? I.e. biting, pushing, hitting, etc.
  • Could the situation have been preventable with proper supervision?

If any or all of these factors are true, you might have a case in which the school is also liable for your child’s injury.

5. Slips, Trips and Falls

Children trip, slip, and fall all the time on playgrounds. This could be as harmless as a child tripping over their shoelaces or as serious as falling over a protruding nail. Certain cases where a child trips or falls can be a result of property failure. Other cases involve carelessness or lack of supervision on the part of the child’s caretaker. A few examples are as follows:

  • Elevated rubber flooring
  • Trash or debris left in the way
  • Protruding nails or carelessly placed large rocks
  • Too thick of sand in the sandbox
  • Sprinkler or rain water left to pool

If your child tripped, slipped or fell because of any of the reasons above, and your child’s injuries resulted in the need for medical attention, you might have a case for personal injury.

When it comes to filing for insurance, you’ll need to have all your ducks in a row. Insurance companies are not known for being overly empathetic or easily intimidated, so your child’s injuries need to be medically documented before filing for any type of insurance.

*Image courtesy of Axel

child injury guide

Amusement Park Accident

Amusement Park Accidents: Were Attendants Negligent?

It’s some people’s worst fear. You strap yourself in, and hear the clicking of the gears as your ride’s car gets pulled higher and higher up the hill. Then, as you start to slow down, just before you roll over the hill, the anticipation rises. You wait for the ride to speed up, to plummet at top speeds towards the ground at almost a 90-degree angle, but for one long, agonizing pause, you wonder, “What if?”

What if the ride stops right here and I’m waiting 200 feet above the ground for hours? What if my seatbelt comes loose and I’m left only with my arms to cling for dear life as I zoom upside down? What if a tree falls on the tracks and the coaster derails? Or the worst thought of all… What if someone I trust isn’t paying attention to his job, and a serious accident takes place?

Unfortunately, negligence does happen at amusement parks. While sometimes this just means that your kid didn’t get the prize he had bargained for when he tossed some rings over bottles, other times it can lead to much more serious outcomes. But before you can begin to understand whether or not your accident at the park was a result of negligence, you first have to understand what negligence means.

What Is Negligence?

In the court of law, negligence follows its dictionary definition, “failure to take proper care in doing something.” This can mean many things in a personal injury lawsuit. A negligent nurse could fail to take proper care of a debilitated patient, resulting in bedsores or abuse. A negligent storeowner might forget to put up a “Caution: Floor Wet” sign after mopping, causing an unknowing visitor to slip and injure himself. In any case of negligence, it’s assumed that the person responsible was aware of the proper actions that should’ve been taken and also of the possible harm that could take place otherwise.

There are four truths that must be proven in order to have a successful negligent case, and they are as follows:

  • That the person or party being sued did have a duty of care to you
  • That the person or party failed to provide that duty of care
  • That the act of negligence led to your personal injury
  • That the personal injury exists and can be documented

There are lawyers that specialize in amusement park accidents that you can contact in the case of a personal injury to find out if negligence was a factor. If it was, you can be compensated in multiple ways, such as for hospital bills, ruined property during accident, mental anguish, and more.

Negligence at Amusement Parks

Some amusement park accidents are not results of negligence, and it’s up to your lawyer and the park to determine if that is so. If you have a pre-existing condition such as one that might cause seizures and the roller coaster triggers a reaction, you might not have a case for negligence. However, if your injury or accident is due to improper maintenance, missing safety gear, or an operator error, that is another story.

Unfortunately, the data for accidents at amusement parks is a heavily guarded secret. Usually when lawsuits are filed, they result in confidential settlements. Because of this, consumers are left in the dark about which parks are safe to visit and which rides are safe for families and children.

There are many factors that might indicate liability in an amusement park accident. Just a few of these are operator behavior, improper operation, loose cables, failure of safety lock, abrupt starts and stops, failure to shut off, lack of maintenance procedures and lack of safety harness.

Consider the Facts

It might be that the best way to avoid injury at an amusement park due to negligence is to not visit them in the first place. Every year, 270,000,000 people visit theme and amusement parks every year. Of the accidents and injuries that occur at them each year, approximately 4,400 are children. For some reason, women 1.5 times more likely to be injured at an amusement or theme park than men, regardless of age and size.

If you or a loved one does experience an accident or injury at a theme or amusement park, the best solution is to contact an amusement park lawyer. Many amusement parks, such as all those in Florida, are exempt from state regulatory law, making it even harder to file a lawsuit in the event of personal injury. Ultimately, the best way that you can protect yourself and your loved ones from harm at amusement parks is to become aware of the problem and help to educate others.

Blue and White by C x 2 / CC BY 2.0

child injury guide

A Semi Collides with a Texas College Softball Team's Bus Killing Four and Injuring

A Semi Collides with a Texas College Softball Team’s Bus Killing Four and Injuring 12 Others

A tractor-trailer crossed a highway median, veered into oncoming traffic and crashed into the side of a North Central Texas College softball team’s bus, killing four young girls and injuring a dozen others. Three of the girls died on impact. One died at a nearby hospital. Two other players are still in the hospital, one in critical condition. The rest of the 15 players were treated released.

The four girls that died were identified as Meagan Richardson, 19, Brooke Deckard, 20, Katelynn Woodlee, 18 and Jaiden Pelton, 20.

One of the injured has been identified as Samantha Madden, the daughter of Houston Firefighter Junior Captain Bradly Madden. She is expected to be ok.

The accident happened in Oklahoma at around 9pm on Friday on Interstate 35 near Davis, halfway between Fort Worth and Oklahoma City. Highway Patrol officials are investigating the cause of the accident and will test both drivers for alcohol.

If you or a loved one have been in a similar accident, we can help. Our experts can help you navigate a stressful and emotional situation and get you the justice you deserve. Call today for a free consultation.

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Image courtesy of chron.com

Mourning Child

Mourning the Loss of a Child

The loss of any child is a tragedy, and this pain is always felt worst by the parents of the child who was lost. Many parents find that their mind is filled with an ever-changing rush of feelings and emotions that can be difficult to cope with. While nothing can replace the child who was lost, there are facts parents should know that can give some level of comfort during their time of mourning.

Being Open

It is natural for parents who have lost their child to withdraw emotionally and try to deal with this grief on their own. Sometimes processing these emotions internally can be healthy and may allow the parent to come to a greater understanding of themselves, but parents should work towards sharing this grief with others.

Most children find love from a number of people in their lives, and this means parents are not alone when it comes the sadness of this loss. When parents feel ready they should seek out those close to them for comfort and support. Some parents may even find a small measure of joy in learning how deeply their child was loved by everyone around them.

Accept Feelings As They Arise

Parents often find themselves overcome with a number of emotions that seemingly arise out of nowhere and at first these can seem like too much to bear. According to Psychology Today, parents who have lost a child are more significantly more likely to suffer from depression and function on a lower level physically than parents who haven’t lost a child. Trying to combat or bury these feelings of depression is common, but this often does little to ease the parent’s suffering. Acceptance of these feelings and emotions is key, as the tragedy of losing a child is an event that can only be understood by those who have gone through it.

The Planning Process

One of the most difficult tasks for parents to undertake is the planning process of their child’s funeral. When going through this, parents should know that:

  • Taking Time Is Okay – No one expects parents to make every decision about their child’s funeral in a single day. Parents should take as much time as is needed to make these arrangements and care for themselves emotionally during this process.
  • It’s Okay to Ask for Help – There are times when making these arrangements is simply too difficult for the parent to bear, and it is during these times that parents should lean on those close to them for support or allow them to take over the planning process.
  • Assistance with Costs Is Available – Parents who find the costs of a funeral too expensive should know that there is help. Charitable organizations, state programs and the recovery of legal damages are all sources that can help offset costs and allow parents to focus on the more important parts of this process.

sad by Gisela Giardino / CC BY-SA 2.0

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