Amusement Park Injury

November 1, 2018

Boy Nearly Flies Off Carnival Ride in Pasco County

by Whittel & Melton, LLC

A Pasco County mom had a big fright last weekend when her son almost flew off a ride at The Arnold Midway set up in the Wiregrass mall parking lot.

Her son was on the Orbiter when she noticed something was not right. She noticed her child slipping and about to fly out of the ride. She ran over to the operator who stopped the ride before the child was harmed.

The ride remained open after he got off. A sticker on the side shows it passed it’s October 24 inspection by the Department of Agriculture aside from placing cart #10 out of service because of a cracked lap bar.

There have been reports in the past on people flying off of this specific ride.

If you suspect an issue with a fair ride, you can report it to the Department of Agriculture at 1-800-HELP-FLA or FloridaConsumerHelp.com.

Carnival and amusement park rides can and do happen. The Federal Consumer Product Safety Commission (CPSC) shows the following stats:

In 2004, carnival rides sent 2,500 people to hospital emergency rooms.
In 2006 approximately 8,800 people were injured on amusement park rides.
From 1987 to 2000, 51 people were killed on amusement park rides. Roller coasters accounted for 16 deaths and whirling rides accounted for 11 deaths.
Children represent about one half of those injured by amusement park rides.
Kids between 10 and 14 years old sustain the most injuries of any age group.
Children are victims in 75% of accidents involving rider falls or forceful ejection from the ride.

Amusement parks and carnivals can be so much fun for young children. Families flock to these amusement parks for adventure, excitement and fun. However, not all rides are truly safe and not all ride operators are trained properly or paying careful attention. Amusement park ride safety is especially important for children, who represent half of those injured or killed in amusement park ride accidents.

September 20, 2018

Disney Season Pass Holder Suing Water Taxi Driver for Leg Injuries

by Whittel & Melton, LLC

A season pass holder is suing a Walt Disney water taxi operator, alleging negligence led to injuries.

The woman filed a complaint Sept. 6 in Orange County Circuit Court against Walt Disney Parks and Resorts U.S. Inc., alleging a water taxi operator failed to exercise the highest degree of care in order to prevent injuries to its passengers.

According to the complaint, on May 21, 2017, the woman was a guest at Walt Disney World Theme Park. A guest operating an electric scooter negligently attempted to park in the back of a water taxi as instructed by employees and struck the woman in the leg.

She said she sustained bodily injury, resulting in pain and suffering, disability, disfigurement, mental anguish, the expenses of hospitalization, medical and nursing care and treatment, plus the loss of earnings. Her suit alleges Walt Disney Parks and Resorts U.S.’s employees negligently maintained or controlled the boarding procedure of the electric scooter.

Accidents resulting in injury can be frightening and overwhelming experiences. If you or a family member has suffered an injury or been harmed due to someone else’s negligence at a theme park like Walt Disney World, consulting with a Florida Theme Park Injury Attorney at Whittel & Melton should be one of your top priorities.

The goal of your personal injury claim is to recover a large enough financial award to cover all of your losses and offset the economic impact of the accident. We will fight to recover full compensation for your present and future medical expenses, lost income, and even damages for your pain and suffering.

July 12, 2018

Investigation Finds Daytona Beach Roller Coaster Derailed Due to Excessive Speed, Operator Error

by Whittel & Melton, LLC

An investigation from the Florida Department of Agriculture and Consumer Services found that the derailment of a Daytona Beach roller coaster in June that injured six people was caused by excessive speed and operator error.

The investigation said operator error was the reason the Sand Blaster Roller Coaster derailed June 14, causing a cart full of people to dangle above the ground. Of the 10 people on the ride, six had to be hospitalized.

During a post-accident inspection, engineers found evidence of previous derailments on the nearly 40-year-old coaster, including one that appeared to have taken place after it was refurbished in 2013, officials said in a preliminary report.

Had that derailment been addressed before the June accident, investigators said, the crash likely wouldn’t have happened. No other derailments had been reported to state officials before the June incident.

The coaster, which is on Ocean Avenue near the Daytona Beach Pier, has been out of operation since the accident and will remain out of operation indefinitely, officials said.

Roller coaster accidents can result in minor to severe injuries, and in some cases, death. Victims of roller coaster injuries in Daytona Beach and elsewhere throughout the state of Florida can rely on the experienced Roller Coaster Accident Attorneys at Whittel & Melton to provide legal representation in seeking compensation for their losses. We know how devastating these accidents can be, which is why we will fight for maximum compensation for roller coaster injuries.

Ride operators are hired to run roller coasters safely. These individuals are responsible for ensuring that each passenger is seated and secured properly in the ride, and that the ride starts and stops as it is intended. Even the slightest error on the operator’s part can lead to a serious roller coaster accident.

July 6, 2018

Bounce House Injuries: What Parents Need To Know

by Whittel & Melton, LLC

A three-year-old girl died on July 1 in a bouncy castle incident in Norfolk, U.K.
She was bouncing on the inflatable equipment — a bouncy castle with a trampoline — when the trampoline exploded launching her “30 feet” in the air and causing her to land on the sand.

This tragedy comes just two months after two fairground workers were found guilty of manslaughter by gross negligence for failing to properly secure a bouncy castle in Norwich, which killed a seven-year-old child.

According to the Canadian Hospitals Injury Reporting and Prevention Program (CHIRPP), there has been a vast increase in bounce house-related injuries in the last 20 years. Between 1990 and 2010, over 30 percent required medical follow up after initial treatment in the emergency department. The most common injuries were fractures and sprains.

In the U.S., the American Academy of Pediatrics reported that more than 64,000 children were treated in U.S. emergency departments for inflatable bounce house-related injuries between the years 1990 and 2010. From 2008 – 2010, the number of injuries more than doubled to an average of 31 injured children per day. More than a third of the children injured were under the age of six.

Our Florida Injury Attorneys at Whittel & Melton want your kids to remain safe at birthday parties, fairs, carnivals, festivals and all other celebrations. The following safety measures should be taken into consideration when your child is playing inflatable structures:

Always supervise children in a bounce house. ALWAYS!
Remove shoes, jewelry, and any hard or sharp objects from children’s pockets.
Group children together according to size to help reduce risk of injury from collision.
Do not allow children to perform stunts like flips or somersaults.
Make sure children stay away from the exit points when bouncing inside.
If the bounce house starts to deflate, exit promptly.
If there are high winds, do not use the bounce house.

Bounce houses and other inflatables fall under premises liability, a legal concept that applies to situations where there is an unsafe or defective object on someone’s property. In order to establish liability in a bounce house injury, you must prove that the property owner was negligent and failed to provide reasonable care.

The main defense against bounce house claims is that they come with an assumption of risk. This basically means that while you may know that bounce houses are potentially dangerous, you still allowed your child to play in one anyway.

June 18, 2018

Florida Agency Investigating Roller Coaster Derailment in Daytona Beach

by Whittel & Melton, LLC

The Department of Agriculture and Consumer Services has opened an investigation into why a roller coaster derailed at an amusement park Thursday night in Daytona Beach.

The accident on the Sand Blaster ride at the Daytona Beach Boardwalk sent two riders plunging 34 feet to the ground and left two others dangling in one of the ride’s cars, according to the Daytona Beach Fire Department.

Four riders, all of whom were on the same car, and two others were rushed to Halifax Health Medical Center in Daytona Beach. A hospital official said information about their condition might be released sometime Friday.

Later Friday, the hospital said it “received nine patients.”

The Sand Blaster has been operating at Daytona Beach since 2013 after the 40-year-old ride was bought from a closed amusement park in Delaware a year earlier.

Thrill seekers and adventurists flock to roller coasters for an adrenaline rush. However, a roller coaster is one of the most dangerous rides at amusement parks. Each year there are an estimated 9,000 emergency room visits that stem from amusement park and roller coaster injuries.

While amusement park rides undergo extensive testing and regular inspections to ensure that they are safe, accidents can still happen, and when they do they can result in serious personal injury or wrongful death.

May 3, 2018

Tourist Suing Sea World for Poor Flooring

by Whittel & Melton, LLC

A tourist is suing Sea World, claiming their negligence led to injuries.

The woman filed a complaint April 18 in Orange County Circuit Court against Sea World of Florida LLC, doing business as Sea World, and Sea World LLC, alleging the company failed to reduce, minimize or eliminate foreseeable risks before they manifested themselves as dangerous conditions on the premises.

According to the complaint, on May 17, 2014, the woman was legally on the Sea World premises in Orlando as a customer when she slipped, tripped and fell on poorly maintained flooring.

As a result, the woman says she sustained bodily injury resulting in pain and suffering, permanent aggravation of a pre-existing condition, plus the expenses of hospitalization, and medical and nursing care and treatment.

She also accused Sea World of failing to warn anyone of the dangerous condition as well as failing to properly provide training to its employees regarding the proper maintenance and inspection of floors, so as to prevent a danger to a guest.

Large amusement parks like Sea World are no stranger to personal injury lawsuits. In fact, many have involved slip and falls, trip and falls and other premises liability issues. Filing a lawsuit against an amusement park is similar to filing suit against any other party: an injury occurs, a suit is filed, an investigation into the claims is conducted and a trial is held if no settlement can be reached.

Big companies like Sea World have a legal duty to keep their premises safe and free from foreseeable accidents. This includes a constant safety sweep of the grounds as well as proper training, screening and supervision of staff. When amusement parks fall short of this responsibility, they may be held liable for their negligence by victims through personal injury lawsuits. Victims may be able to recover for their medical bills, hospital expenses, lost wages from missing work, physical pain and suffering, and mental anguish.

April 24, 2018

Polk County Woman Suing Walt Disney for Negligence

by Whittel & Melton, LLC

A Polk County woman is suing a Disney theme park, alleging breach of duty and negligence led to her injuries.

The woman filed a complaint April 10 in Orange County Circuit Court against Walt Disney Parks and Resorts U.S. Inc,. alleging failure to exercise reasonable care for the safety of the public.

According to the complaint, on Nov. 9, 2017, the woman visited the Magic Kingdom theme park with her family to attend Mickey’s Very Merry Christmas Party, which included a fireworks show. She alleges that during the event there were employees who were walking at a very rapid pace and were zigzagging through the overcrowded venue in a negligent manner. The suit says the Disney employees ran into the woman, knocking her down.

She says she sustained bodily injury, resulting in pain and suffering, disability, disfigurement and expense of hospitalization, medical and nursing care and treatment.

The suit alleges Walt Disney Parks and Resorts U.S. failed to train and/or inadequately train its employees regarding safe maneuvering through the park when it is crowded and/or overcrowded so that employees do not make contact with guests and cause injury.

As an invitee of the park, you are considered a guest, which means you have a right to be reasonably protected against any safety risk while in the park under Florida’s premises liability law. Failure on the park’s part to protect you or anyone else may be considered negligence. An experienced Florida Amusement Park Injury Attorney at Whittel & Melton can investigate the matter of negligence for you and help you understand what steps to follow to seek financial compensation for pain and suffering.

July 27, 2017

1 Killed, 7 Injured on Fire Ball Ride at Ohio State Fair

by Whittel & Melton, LLC

An 18-year-old Ohio man was killed Wednesday evening when the Fire Ball ride he was on at the Ohio State Fair broke apart in mid-air, the Ohio State Highway Patrol said.

Seven people were also injured in the incident.

The victims were transported to local hospitals and at least three are in critical condition.

According to amusement ride operator Amusements of America, the Fire Ball swings riders 40 feet into the air while spinning them at 13 revolutions per minute.

Fair officials said that rides will remain closed as safety inspections continue, and those who purchased wristbands can receive refunds.

KMG International B.V., the Netherlands-based ride manufacturer, said in a statement, “Our deepest sympathies go out to all who were involved or affected by this tragic accident. We are currently gathering information on the accident and investigating the cause and circumstances of the accident.”

The operators of “Fireball” and similar rides are instructed to stop operations until further notice, the statement added.

An official with the Ohio State Highway Patrol said its investigators have been at the scene since the deadly incident was reported at 7:24 p.m. Wednesday.

The Ohio Department of Agriculture’s chief inspector of amusement ride safety said inspectors have been present at the fair since last Wednesday. An inspection of the Fire Ball would include evaluating connections and hydraulics.The Fire Ball had apparently been inspected three to four times over the previous two days.

Wednesday marked the first day of the fair, which is scheduled to run through Aug. 6, according to the fair’s website.

Other similar rides throughout the country are being shut down as a precaution.

The Monmouth County Fair in New Jersey immediately shut down a ride similar to the Ohio State Fair’s Fire Ball. A similar ride at the Orange County Fair in California was also shut down to undergo a re-inspection after the Ohio incident.

North American Midway Entertainment, which is not a provider of the Ohio State Fair rides, said in a statement that “due to the tragic incident… we will keep all our Fire Ball rides closed until further notice from the manufacturer for precautionary safety measures.”

The Indiana State Fairgrounds & Event Center said, “Our thoughts and prayers are with everyone impacted by the tragic accident at the Ohio State Fair. As the investigation into the cause of this accident continues, the Indiana State Fair and North American Midway Entertainment have made the decision to not operate the Fireball at the 2017 Indiana State Fair.”

The Illinois Department of Labor said it is also suspending the operation of all rides similar to the Fire Ball until further notice.

There is a lot of pressure placed on state fairs and carnivals to get rides set up in a short amount of time. Because of this time constraint, those setting up can neglect what matters the most – keeping people safe.

July 24, 2017

Theme Park Injury Report: Fainting, Motion Sickness On Disney, Universal Rides

by Whittel & Melton, LLC

Central Florida theme parks have submitted their injury reports for the second quarter of 2017.

There were a total of 16 illnesses or injuries that required a hospital stay of 24 hours, according to the state’s quarterly report.

Walt Disney World reported 11 incidents, while Universal Orlando had four and SeaWorld Orlando had one.

The incidents ranged from seizures to back pain.The injuries and illnesses happened between April and June.

At Disney’s Animal Kingdom, a 31-year-old woman felt dizzy and lost consciousness on the park’s newest attraction, Flight of Passage. On June 12, a 79-year-old woman with a pre-existing condition also became ill after being on the ride.

An 81-year-old woman had motion sickness on Harry Potter and the Forbidden Journey in April. An 18-year-old woman had a similar illness on Harry Potter and the Forbidden Journey.

Other incidents reported:

Disney World

A 57-year-old woman with a pre-existing condition experienced stroke-like symptoms on Castaway Creek at Disney’s Typhoon Lagoon.
A 48-year-old woman with a pre-existing condition had a seizure on Seven Dwarfs Mine Train at the Magic Kingdom in May.
A 34-year-old man reported eye irritation on Expedition Everest at Disney’s Animal Kingdom.

Universal Orlando

A 47-year-old woman fainted on the Incredible Hulk Coaster at Universal’s Islands of Adventure on June 20.
A 45-year-old man reported back pain on the Kala & Tai Nui Serpentine Body Slides at Universal’s Volcano Bay.

SeaWorld Orlando

A 54-year-old man reported a shock to his arm on Journey to Atlantis on June 15.

No incidents were reported by Legoland Florida or Busch Gardens Tampa Bay.

An outing at Disney World, a county fair or any of the amusement parks around Florida should be a day filled with fun and excitement. However, an amusement park injury can turn a great day into a nightmare in just a matter of seconds.

If you have been injured at an amusement or theme park, it is very important for you to contact an experienced injury lawyer before signing any documents or making any statements to a park owner or representative. The park’s initial offer will not likely cover certain necessary damages, such as ongoing medical needs or future losses.

April 17, 2017

Six Flags Maryland Roller Coaster Stalls, Dozens Rescued

by Whittel & Melton, LLC

Nearly two dozen visitors to Six Flags America in Bowie, Maryland, were stuck on a roller coaster when it stalled Thursday.

A spokesman for Prince George’s County Fire Department said firefighters rescued all riders on board the Joker’s Jinx coaster four hours after crews arrived to rescue them.

Six Flags issued a statement about the incident:

Joker’s Jinx did not complete its regular ride cycle causing it to stop at a safe location on the track. The Prince George’s County Fire Department is onsite to assist in getting the riders safely off the ride. The safety of our guests is our highest priority and the ride will be closed for a thorough inspection before re-opening.

The ride has had this problem before when it became stuck in 2014. The rescue took hours.

Roller coasters, while thrilling, are the most dangerous rides at amusement and theme parks. Each year, roller coaster and theme park injuries account for 9,000 emergency room visits.

If an amusement park’s negligence results in an accident, whether it be a roller coaster stalling or a slip and fall accident, injury victims may be entitled to financial compensation from the amusement park owners for their suffering.