Amusement Park Injury

December 6, 2014

Woman Files Lawsuit Against Disney World for Carousel Injury

by Whittel & Melton, LLC

A Jacksonville area woman has filed a lawsuit against Disney Parks and Resorts, claiming she has a permanent disability after she fell from a carousel horse at Walt Disney World in September 2013.

The lawsuit states that Disney was negligent.

According to the lawsuit, “Disney changed the design of the stirrup that had been in use on the Carousel for many years, in favor of another model, which provided less tread traction, without anti-slip resistant features and therefore was slippery and dangerous to patrons.”

The suit has been filed in Orange County Circuit Court. It also also states that Disney “failed to warn its invitees … of the dangerous condition.”

A Disney spokesman issued this statement: “We believe the lawsuit is without merit and we will respond to it in court.”

Disney has publicly appeared to place a strong emphasis on safety at its parks through various publications such as its “Report on Safety” and on its website.

According to the report, the company takes “pride in everything we do to promote safety at our properties – from the Imagineers who apply advanced safety technologies to our attractions to the Security Cast Members who patrol our properties in vehicles, on bicycles and on foot 24 hours a day.”

The lawsuit alleges that the woman hit her head on the ground after falling from a carousel horse and suffered brain damage.

Numerous factors can cause an amusement park injury. The most common reason these types of injuries occur is because an individual falls off of a ride. In fact, a study published in Clinical Pediatrics shows that individuals falling off of rides at amusement parks makes up 31.7 percent of all amusement park injuries. The second most common injury is riders striking their arms or other body parts against a wall or part of the ride. Injuries to body parts accounts for nearly 20 percent of all injuries. Other causes of injuries at amusement parks include clothing getting caught in a ride, injuries when boarding or exiting a ride and individuals being hit by a ride.

November 4, 2014

Kentucky Waterpark Countersues Over Alleged ‘Staged’ Injuries

by Whittel & Melton, LLC

Kentucky Kingdom is now countersuing two patrons who claim they were injured at the park, alleging that the injuries were staged.

Reports indicate that the couple had derived some sort of plan to extort money from the park. The two recently filed a lawsuit accusing the park of negligently allowing them to go down a water slide using an incorrect inner tube.

The man and woman claim they were injured when they fell out of their inner tube on the Voodoo Express water slide, blaming the lifeguards and the park for their carelessness.

Kentucky Kingdom issued the following points in their countersuit against the couple.

Lifeguards don’t give tubes to guests. “Approved tubes are in the pen,” according to the park.
Kentucky Kingdom rides have height and weight limits, and the pair allegedly “exceeded the maximum weight limit by over 70 pounds.”
The pair failed to wait for lifeguard instructions before going down the slide.

Moreover, a friend of the couple has provided a sworn affidavit to Kentucky Kingdom that the injuries were part of a ploy to get money from the park. The friend claims that her friend mentioned “that she planned to intentionally get hurt at Kentucky Kingdom in order to obtain a settlement,” according to reports.

It was also noted by the park that four weeks before the pair filed their suit, the woman’s season pass was revoked “after she scaled a fence in a restricted area near a roller coaster.”

When the party originally being sued wants to sue the opposing party, this is what is called a counterclaim. Kentucky Kingdom was originally sued by the man and woman for their injuries, but the park is now countersuing based on the allegations that the two intentionally got hurt in order to obtain a financial award from the park. If the claims do continue to trial, a jury will likely have to determine if the two were actually victims of negligence or not.

October 17, 2014

Kentucky Waterpark Facing Two Lawsuits Over Slide Injuries

by Whittel & Melton, LLC

When a serious injury or wrongful death happens due to an amusement park accident, a thorough investigation needs to be conducted. While amusement parks, including waterparks, have plenty of insurance and plenty of lawyers to protect them when accidents arise to keep the blame away from them, having your own personal injury lawyer can be essential to the outcome of your case. Having good legal counsel in your corner can help you you recover the rightful compensation you need.

Kentucky Kingdom’s Hurricane Bay is currently the subject of two lawsuits alleging that staff allowed customers to use the wrong inner tube for a certain water slide. Two patrons have come forward and filed suits against Kentucky Kingdom for injuries that occurred after falling out of the slide.

The lawsuit claims that improperly sized inner tubes were the culprit in these two cases. Both allege they were given “the wrong size inner tubes,” which resulted in them tipping over and becoming injured.

It’s not entirely clear which ride the pair were on when they were injured, but the lawsuit clearly states that they blame Kentucky Kingdom and its staff for their injuries. One of the injury victims suffered a shoulder injury after the fall while the other suffered a head injury “which causes her seizures,” according to reports.

If it can be demonstrated that the Hurricane Bay ride’s operators were in fact negligent in giving the two individuals the wrong-sized inner tubes, Hurricane Bay could be found liable for the injuries that resulted. Negligent operation of rides as well as the improper maintenance of a ride are quite common ways for theme parks to be found liable in these types of cases.

If you or a loved one was injured at an amusement park or water park, a Florida Amusement Park Injury Lawyer at Whittel & Melton can help. Our team of attorneys work with experts to determine exactly how the accident happened. Additionally, we enlist the help of medical and financial experts to document the full scope of injuries, the long-term consequences and the full financial costs associated with an amusement park accident.

Amusement park rides and water slides must be designed properly, regularly inspected for maintenance and stay under close supervision in order to prevent accidents. When something goes wrong on these rides, the resulting injuries can be life changing.

August 27, 2014

Wet ‘n Wild Employee in Critical Condition after being Trapped Underwater while Cleaning Pool

by Whittel & Melton, LLC

A Wet ‘n Wild worker remains in critical condition after he was trapped under water while cleaning one of the pools at the theme park Tuesday morning, according to officials.

Orlando police responded to the scene at 10:07 a.m. where an “industrial accident” was reported at the Universal Orlando park.

Another employee called for help while a third worker pulled the trapped man out of the water, according to a police spokeswoman.

The man was treated at the scene before he was transported to Dr. P. Phillips Hospital.

The Occupational Safety and Health Administration is investigating.

A Universal Orlando spokesman made the following statement: “At the moment, our attention is focused on assisting our team member and his family. We are also working to understand exactly what happened, but have nothing else to share at this time.”

Water parks are a great way to cool off from Florida’s hot summer months, but as this case shows, they can also lead to pretty serious accidents resulting in severe personal injuries and even death. If the park’s owners fail to take certain precautions, such as making sure all rides are functioning properly, eliminating slippery surfaces, maintaining their property or properly training lifeguards and other staff members, serious consequences can result. Water park negligence in Florida can place many people, including patrons and employees alike, at risk of suffering traumatic brain injuries, skull fractures, spinal cord injuries, neck and back injuries, broken bones, paralysis, drowning and death.

While we usually hear about visitors and guests suffering injuries at an amusement park, keep in mind that employees of amusement parks are also vulnerable to injuries from accidents. Should an unfortunate incident lead to a workplace injury, an employee could be entitled to workers’ compensation. Moreover, if a work-related injury is the fault of another party’s negligence, a personal injury claim seeking financial compensation for damages can be filed against the responsible party.

August 26, 2014

Virginia Mom Seeks $1 Million for Toddler’s TBI from Ocean City Amusement Park Kiddie Ride

by Whittel & Melton, LLC

A Virginia mother has filed a $1 million lawsuit against Trimper’s Rides and Amusements in Ocean City alleging that a ride left her 2-year-old son with a traumatic brain injury.

The woman filed the personal injury claim in U.S. District Court on July 23, and according to the court filing, her son and his young cousins were on the Hampton I, a ride geared toward children that features miniature trucks and cars that travel in a circle, when an operator stopped the ride to let another child off.

However, when the ride came to an abrupt stop, the woman’s son thought the ride was finished and exited his car. But, according to the complaint, the operator started the ride back up and one of the cars hit her son, knocking him down and “fracturing his skull on the cement floor.”

The lawsuit alleges the boy, who was 2 at the time, was “slammed into the floor and crushed between the ride’s tracks and the vehicle which had impacted him, as the vehicle continued along the tracks.”

Since the accident in June 2012, the lawsuit claims that the woman’s son has had significant medical expenses and suffered continued daily ill effects from his injuries.

The woman has accused the ride operator of being negligent due to the fact that he failed to secure all passengers and to check that the tracks were clear before resuming the ride.

Generally, in order to prove a negligence claim, it must be demonstrated that the defendant had an obligation to act in a responsible manner and with reasonable care in a specific situation and that the result of the defendant ignoring that duty caused an injury. This lawsuit alleges that the ride operator committed negligence because the ride was restarted before a sweep was done to make sure all children were secured in their seats and that the tracks were clear.

For this specific case, the operator of the ride would likely be found to have a duty to operate the ride in a reasonably safe manner. Any negligence found on the part of the individual operator could also lead to legal liability for the park’s owners as well since employers can be held responsible for negligent, careless or reckless acts committed by employees during the course of employment.

The two most common defenses to negligence claims are assumption of risk, where it is believed that the situation was so inherently or obviously dangerous that the injury victim should have known there were hazards and took the chance that he or she could be injured, and when a person acts carelessly and causes his own injuries. Although, these defenses could be difficult to prove due to the fact that the injured party is a 2-year-old child.

July 11, 2014

Florida Amusement Park Injury Lawyer :: Man’s Fingertip Severed on Ride at Disney’s Magic Kingdom

by Whittel & Melton, LLC

A tourist from the United Kingdom was hospitalized Thursday morning following an accident on the Pirates of the Caribbean ride at Disney’s Magic Kingdom.

The tips of the man’s ring finger and his pinky finger on his right hand were severed, according to the Reedy Creek Fire Department.

The man was apparently holding on to the outside of the boat during the ride. It’s unclear what hit the man’s hand and caused the injury.

According to a Disney spokeswoman, the ride was briefly closed and has since been reopened.

A verbal safety message sounds each time the Pirates of the Caribbean ride is launched that warns guests to keep hands and feet inside the ride at all times. It’s not yet clear if the message is pre recorded or if a Disney employee is responsible for warning riders.

There are also signs posted in the area where guests wait to board the ride that say, “For your safety remain seated with hand, arms, feet and legs inside vehicle. Supervise children.”

Disney, along with other area theme parks voluntarily report “significant injuries” suffered on their attractions per an agreement with the state that exempts them from public ride-safety regulation.

In order to be classified as a significant injury, a guest must have been hurt on a ride and the injury must require an immediate hospital stay of more than 24 hours for more than just observation.

In its most recent report, Disney reported five guest injuries in the last quarter of 2013.

The Magic Kingdom logged three of these injuries: a 75-year-old woman who fell and broke her wrist while exiting the Mad Tea Party, a 48-year-old man who became ill after riding Buzz Lightyear’s Space Ranger Spin and a 35-year-old man with a pre-existing condition who experienced heart pain before and after riding The Haunted Mansion.

Additionally, a 29-year-old woman fell ill and suffered disorientation and slurred speech after riding Expedition Everest at Disney’s Animal Kingdom and a 68-year-old man broke his toe on the outer wall of Castaway Creek in the Typhoon Lagoon water park.

The last time someone was hospitalized after riding the Pirates of the Caribbean ride was in 2012. Reports indicate that a 71-year-old woman experienced dizziness, chest pain and mouth numbness.

Operators of amusement park rides have a duty to riders and guests to warn them about staying safe on rides. At this time it is unclear whether the injured tourist heard or disregarded the audio or failed to read warning signs on the Disney ride. However, if he plans to file a claim against the park, because of these warnings, he could actually be found negligent.

Based on Florida’s laws on comparative fault, if someone sues for damages and is found negligent, each party involved can be held liable for the portion of damage related to their fault. Meaning, if a lawsuit is filed and Disney was found to be only 10 percent at fault for the man’s injuries, then Disney would only be legally required to cover 10 percent of the damages.

Disneyland, Disney World’s California cousin, has actually been sued more than 100 times for injuries from 2007 to 2012. Most of these cases were settled out of court. It is not clear at this point whether this man will attempt to seek damages for his severed fingertip, however, Disney will likely add this incident to their “significant injuries” report for the year.

April 28, 2014

Florida Carnival and Amusement Park Injury Lawyer :: Florida Fair Operators Distracted by Cell Phone Use

by Whittel & Melton, LLC

The state of Florida currently has 51 annual fairs, so tourists and residents alike do not have to travel too far to find a circus, county fair or carnival in the area. Fairs and other travelling events provide fun and excitement for the entire family, which is why most people look forward to the fair coming to town. While we expect ride operators to be fully trained on how to set up rides and safely operate any equipment and machinery, most of us do not think that ride operators will neglect the safety of passengers to text or use their cell phones.

However, the reality is that many employees at Florida fairs are whipping out their cell phones to send a quick text or play a game when they should be working a ride.

While a recent investigation found that most fairs and amusement parks have policies that prohibit employees from using mobile devices while operating rides, many employees still use their phones when they are supposed to be making sure the rides are running safely.

April 15, 2014

Florida Amusement Park Injury Attorney :: Top 10 Most Dangerous Amusement Park Rides

by Whittel & Melton, LLC

Every year, more than 300 million people visit amusement parks throughout the United States. There are more than 400 theme parks in the U.S., and combined these parks take 1.7 billion rides. While most amusement park visitors have an enjoyable time, last year, more than 2,000 theme park visitors sustained injuries. Based off recent data, the Consumer Product Safety Commission identified which types of rides are the most dangerous.

The following rides were found to have the highest number of injuries:

Roller Coasters – Roller coasters were responsible for 495 injuries.
Water Slides – Water slides accounted for 438 amusement park injuries.
Boat Rides – Water rides that use boats accounted for 93 injuries.
Wooden Roller Coasters – 87 people suffered injuries from accidents that involved wooden roller coasters.
Water Park Playgrounds – Water park playgrounds were responsible for 84 injuries.
Alpine Slides – 72 injuries were reported from alpine slides.
Vintage Style Car Rides – 72 injuries were caused by these kinds of rides.
Flumes – 72 injuries were reported from these water rides.
Slides – Theme parks super slides resulted in 69 injuries.
Carousels – Believe it or not, 60 people were injured on carousels, with most of the victims being under the age of five.

While reports indicate that many of these injuries were just minor accidents, some were very serious. In July of 2013, a 52-year-old woman fell to her death while riding the Texas Giant at Six Flags Over Texas. The roller coaster was designed without seat belts, which is one of the reasons this fatal accident occurred. The ride reopened in September with added redesigned restraint-bar pads from the manufacturer, as well as seat belts.

Park owners and operators have a duty to protect the public. The safety of all guests should be made top priority, which means all rides must be in safe operating condition and all safety equipment should work properly. Additionally, all amusement park operators should receive special training to be able to recognize potential hazards. When a park fails to live up to its duty of providing a safe experience to the public, it can be held liable for any resulting injuries.

September 10, 2013

Florida Amusement Park Injury Lawyer :: Girl Airlifted to Hospital after Fall at Disney World Hotel

by Whittel & Melton, LLC

Florida is home to some of the most popular theme parks in the United States. The Orlando area alone has more than 95 amusement parks, attractions and other interesting features that draw in millions of tourists each year. Disney World is quite a popular destination for many residents and travelers as this theme park has many appeals, including Magic Kingdom, Epcot, Hollywood Studios and the ever-popular Animal Kingdom.

While many people associate amusement park injuries with a roller coaster accident or other type of ride mishap, most theme park injuries arise from slip and fall accidents that are usually the result of park negligence. Such was the case for a young girl injured last week at Disney’s Animal Kingdom.

A 6-year-old child suffered serious injuries Sept. 2 after falling from a third-story balcony at Disney World’s Animal Kingdom Villas, according to authorities.

The Orange County Sheriff’s Office reported that the girl fell from her family’s room.

The girl’s father was apparently taking a shower when he heard the girl’s mother scream. The man quickly ran down the stairs and jumped over a wall to retrieve his daughter.

The child was airlifted to a nearby hospital, where reports indicate she is currently in stable condition.

The Animal Kingdom Villas are surrounded by a preserve filled with free-roaming animals and birds, but officials at the park told authorities the animals do not have access to the area where the girl fell.

Authorities believe the fall to be accidental, but are still investigating the incident.

August 15, 2013

Florida Amusement Park Injury Attorney :: Texas Woman Killed Riding Coaster at Six Flags

by Whittel & Melton, LLC

A woman died last month after falling from a 14-story roller coaster at the Six Flags Over Texas amusement park in Arlington.

The woman was riding the Texas Giant roller coaster ride at the park when the accident occurred, according to reports.

When the Texas Giant ride opened in 1990 it was listed as the tallest wooden roller coaster in the world.

According to Six Flags, in 2010 the wooden tracks were replaced with steel, but the original wooden support structure was kept and the lift hill was elevated 10 feet.

Police in Arlington claim there was no evidence that the death of the woman resulted from criminal intent.

A Six Flags spokeswoman said the company was investigating the incident. “We are committed to determining the cause of this tragic accident and will utilize every resource throughout this process,” the spokeswoman for the amusement park said.

In a separate incident last month at an amusement park in Sandusky, Ohio, seven people were injured when a boat ride they were on fell backwards on a lift.

Six of the riders were treated at The Cedar Point amusement park by emergency responders and released. One passenger was taken to a hospital with injuries and later released.

The Ohio Department of Agriculture, which regulates amusement rides, is conducting an investigation into the incident. The ride will remain closed until further inspection is complete.

While theme parks are the perfect place to go for some fun and excitement on a hot summer day, they are also the ideal places for unexpected injuries such as slips, trips, falls and even drowning. Millions of people travel to amusement parks all over the United States every year and ride roller coasters and other rides without incidents. However, thousands are injured each year while visiting a theme park, and worse, many visitors are killed.

Sadly, roller coaster accidents can lead to very serious injuries and even death, as this case shows. If someone dies while riding a roller coaster in Florida, surviving family members may sue for wrongful death under the following legal theories:

• Design Defect: If the manufacturer or designer of the coaster failed to construct a safe ride, they can be held liable for damages.

• Negligent Operation: If the theme park where the accident took place failed to uphold the proper standard of care when operating the ride, the park can be held responsible for your losses.

• Improper Care or Maintenance: Under this theory, the park can also be held responsible for the accident if employees were not trained properly to operate the rides or if staffers failed to maintain the ride, ultimately causing it to malfunction.