Amusement Park Injury

April 1, 2013

Florida Amusement Park Injury Attorney :: Disabled Man Stuck on Disneyland Ride Awarded $8K in Damages

by Whittel & Melton, LLC

A federal judge awarded $8,000 to a quadriplegic man Friday who became stuck on Disneyland’s “It’s a Small World” ride for about 30 minutes after it broke down in 2009. The man and his wife sued Disney in 2011 following the incident on Nov. 27, 2009.

They claimed that Disney should have adequately warned visitors that the ride posed a unique risk of harm to disabled persons. The couple also noted in their suit that Disney should have been on notice regarding the ride since it had broken down twice earlier on that same day.

The wheelchair-bound man became stuck on the ride as it went through a cave called the “goodbye room.” The man said that as the ride stopped, he got stuck while other passengers were evacuated. He apparently requested for his boat to be moved slightly so that he could exit, but ultimately there was no way to evacuate him. The man said that being stuck in the ride was extremely dangerous to him because he suffers panic attacks and has dysreflexia, a condition that can elevate blood pressure to unsafe levels.

The man’s lawsuit alleged that Disney was at fault for continuing to operate the risky ride and failing to notify disabled persons that there was no way to evacuate should an emergency situation arise. The man claims had he been warned properly, he would not have gotten on the ride. The judge ultimately threw out many of the man’s claims, but did find Disney liable for premises liability.

In general, amusement park operators must keep their premises safe for guests. The judge felt that Disney failed to live up to its duty by operating the faulty ride and not providing the man with the appropriate information needed to make an informed decision on whether or not to get on the ride. The judge ruled that Disney “should have known that there was a likelihood of harm to a disabled person, as reflected in its own standards for that ride.” Continue reading

February 27, 2013

Florida Injury Lawyer :: NASCAR Fans Injured in Daytona Crash Explore Lawsuit

by Whittel & Melton, LLC

Several NASCAR fans injured last weekend during a race just a day before the Daytona 500 are now contemplating a possible lawsuit.

Last Saturday, more than 30 people were injured following a horrendous crash in a second-tier NASCAR series race that sent chunks of debris, including a heavy tire, flying into the stands. All injured parties have since been released from the hospital.

Interestingly, a competitor in the race was quoted on CNN declaring that the racers “assume the risk” when competing, but the fans do not. This may be slightly in conflict with NASCAR’s position as they most likely may try and cowardly hide behind the back of their ticket stubs. The language printed on the Daytona disclaimer could be viewed as a legal contract, similar to a cruise ship voucher, which could be an issue in court.

The disclaimer on the Daytona ticket reads: “The holder of this ticket expressly assumes all risk incident to the event, whether occurring prior to, during or subsequent to the actual event, and agrees that all participants, sanctioning bodies, and all employees, agents, officers, and directors of Daytona International Speedway, its affiliates and subsidiaries, are hereby released from any and all claims arising from the event, including claims of negligence.”

A NASCAR spokesman said at this point they have not heard of any lawsuits being filed.

Daytona International Speedway is owned by International Speedway Corp., a NASCAR sister company.

It will certainly be interesting to see if any lawsuits do arise from this incident and how they are handled.

September 7, 2012

Fan Falls Three Stories to His Death at Reliant Stadium :: Whittel & Melton

by Whittel & Melton, LLC

Houston, Texas — A 45-year-old fan attending last Thursday’s preseason game between the Houston Texans and the Minnesota Vikings fell from an escalator to his death at Reliant Stadium.

According to reports, the fan fell due to horseplay. He was allegedly attempting to slide down the handrail on an escalator when he fell three stories to the pavement. He was taken to Memorial Hermann Southwest Hospital and was pronounced dead on arrival.

Houston officials are further investigating what they called an accidental death.

Stadiums, theme parks and arenas generally host all kinds of music concerts and sporting events that encourage rowdy and energetic behavior. This lively atmosphere combined with the consumption of alcohol can lead to serious injuries, and in some cases death. While an accident may be the result of careless or reckless behavior, the owner of the venue has a responsibility to provide a safe environment for visitors and spectators. Your injury could be the result of negligent security, an unsafe number of people in the venue or any other form of negligence.

The Florida Injury Attorneys at Whittel & Melton are equipped to handle various personal injury and wrongful death cases at amusement or theme parks, water parks, sports venues, concerts and other public events, including:

• Slips, Trips and Falls Due to Slipper or Wet Surfaces
• Equipment Defects
• Obstructed Walkways
• Poorly Maintained Buildings
• Falls from Elevated Heights
• Sexual Assault or Battery
• Parking Lot Injuries
Any accident at a stadium, concert arena or theme park can lead to serious injuries such as broken bones, spinal cord injuries, brain injuries, lacerations, head trauma, neck and back injuries and internal organ damage that can leave you or a loved one in extreme physical pain and left to deal with exorbitant medical bills. The wrongful death of a loved one can leave you and your family facing emotional and financial struggles you do not deserve.

April 19, 2012

Orlando Theme Park Injury Lawyers Whittel & Melton :: International Drive Go-Kart Track Closed after Girl’s Leg Slashed

by Whittel & Melton, LLC

State inspectors Wednesday were looking into an International Drive go-kart attraction that apparently sent an 11-year-old girl and a man to hospitals.

The chief of the Florida Bureau of Fair Rides Inspection claims the collision impact, which happened around 7:45 p.m. Tuesday, caused a corner of the track to fall a few inches.

The attraction will remain closed until the investigation is complete.

The girl’s leg was cut and the man was complaining of chest pains. As of Wednesday, the conditions of the two were not available.

The Florida state bureau last inspected the attraction in December. They allegedly discovered one cart with a cracked framed and another with a faulty gas cap. The damages were apparently repaired.

The attraction was the site that killed a maintenance worker last July.

A 30-year-old man fell while working on the ride, which according to the website swings patrons 230 feet above the ground and rotates them 360 degrees at about 50 mph.

Florida residents and tourists flock to the many roller coasters, thrill rides and attractions that Florida’s numerous theme parks boast. While these attractions can provide limitless hours of entertainment, they also can be the cause of unnecessary tragedies. Go-karts pose numerous threats and dangerous, including:

• Exposed Gas Tanks
• Lack of Protection for the Arms, Head and Legs
• Uncovered Engines
• Exposed Machinery

Whether you suffered whiplash injuries on a ride or were the victim of another rider’s negligence, the Orlando Theme Park Injury Lawyers at Whittel & Melton can help you seek maximum compensation for your injuries. Amusement park owners, managers, manufacturers and insurance companies will vigorously attempt to dodge liability and will often try and limit the amount they pay you for your injuries. At Whittel & Melton, we can build a solid case in your favor by gathering evidence, speaking with witnesses and consulting with experts.

It’s important to realize that your window of opportunity to report an amusement park injury may be narrow. There is little time to mull over what you should do. By contacting a personal injury law firm immediately, you can get educated about your rights and begin pursuing compensation from any obtainable sources.

September 9, 2011

Florida Amusement Park Injury & Wrongful Death Lawyers Whittel & Melton :: Decorated Iraq War Veteran’s Family Files Wrongful Death Suit after Theme Park Violates Safety Precautions

by Whittel & Melton, LLC

The family of a double-amputee veteran who died after being ejected from a roller coaster at the Darien Lake amusement park filed a wrongful death lawsuit on Friday against two companies associated with the park.

The 29-year-old resident of Gowanda, New York was allowed to board a 208-foot-high roller coaster on July 8 despite having no legs. The man was positioned in the front car of the roller coaster when it plummeted down the final hill of ride and flung him out.

According to the family’s attorney, the employees at the theme park violated the safety rules when they allowed the double amputee to ride the roller coaster.

The Buffalo News is reporting two weeks after the accident, the state Labor Department investigators named “operator error” as a cause of the man’s death. The amusement park was cited with two violations by Labor Department officials who said ride operators were not properly trained on safety requirements for the coaster.

The general manager of the theme park supposedly said the park is working on strengthening training operations, performing more safety audits and increasing park awareness on “disability ridership.”
No civil or criminal penalties were placed against the park and the roller coaster was able to reopen on July 22.

Each year, roughly 300 million people enter the gates of different theme parks throughout the United States. The state of Florida is home to many amusement and water parks that have become yearly destinations for families, schools and social organizations. While these parks offer thrills and excitement, accidents are inevitable; however, some tragic mishaps can be entirely preventable. Theme parks are required by law to maintain routine safety inspections and employees that are properly trained to operate rides and roller coasters. Guest safety should without a doubt be a parks number one priority, but unfortunately this is not always the case.

The Orlando and Tampa Florida Amusement & Theme Park Accident Attorneys at Whittel & Melton are devoted to helping you and your family recover from losing a loved one in a horrible accident that could have been avoided if proper protocol was followed. The Consumer Product Safety Commission has reported that in the last five years emergency room visits related to amusement park rides rose almost 87 percent. The investigation into these injuries found that several factors were to blame for injuries sustained including consumer behavior, mechanical failure, design limitations, defective products and operator behavior. While injuries from amusement park rides can cause minor to severe injuries and even wrongful death, there is no question that those injured and their families suffer pain and loss.

August 25, 2011

Orlando, FL Amusement Park Injury & Wrongful Death Attorneys Whittel & Melton :: Universal Modifies Harry Potter-Themed Roller Coasters After Two People Suffer Injuries

by Whittel & Melton, LLC

Universal Orlando has supposedly stopped simultaneously launching a pair of intertwined roller coasters that make up the ride “Dragon Challenge,” formerly known as “Dueling Dragons,” at Universal’s Islands of Adventure. The theme park took action following two recent accidents within two weeks of one another where guests were struck by loose objects.

The two coasters, at least for the time being, no longer pass within feet of each other as they continue on their path, which was a trademark of the attraction.

The suspension erupted after two separate accidents occurred where guests were struck by unidentified objects while riding the coasters. One person reportedly lost his right eye.

The Orlando Sentinel is reporting that the first accident happened July 31 when a 52-year-old man was struck in his right eye by an object while riding in one of the coaster train’s front seat. The man apparently lost all vision in his eye and was forced to have it permanently removed.

The second incident involved a 19-year-old who was hit by something on his face, arm and foot while riding Dragon Challenge.

A spokesman for Universal said the investigation is ongoing, but does not think that the ride itself played a part in the accidents.

Dragon Challenge has been in operation since Islands of Adventure opened in 1999. It became incorporated into Universal’s Wizarding World of Harry Potter in June 2010.

Universal said that the ride has a high safety track record, with more than 50 million people enjoying the ride without incident since its debut.

The spokesman went on to say that Universal is taking the matter very seriously and places a strong emphasis on safety.

Each year, roughly 300 million people enter the gates of various theme parks throughout the United States. Florida is no stranger to numerous visitors throughout the year, with it being the home to many popular amusement and water parks. While these parks offer thrills and excitement, unfortunate accidents can happen. While certain calamities are inevitable, some tragic mishaps can be avoided entirely.

The Consumer Product Safety Commission has reported that in the last five years emergency room visits related to amusement park rides rose almost 87 percent. The investigation into these injuries found that several factors were to blame for injuries sustained including consumer behavior, mechanical failure, design limitations, defective products and operator behavior. Despite the causes of a theme park injury, whether minor or severe, it is critical to speak with a Florida Amusement Park Injury Attorney as soon as possible because your legal claim should be filed in a timely manner.

The Florida Personal Injury & Wrongful Death Attorneys at Whittel & Melton work with private safety experts and investigators to uncover the precise cause of your fair, carnival, water or theme park accident. We can help you and your family recover damages for medical expenses, mental anguish, lost wages and pain and suffering. Accidents that arise from amusement park rides and water parks can involve liability issues stemming from three different areas of personal injury law – general tort law, products liability, and premises liability. At Whittel & Melton, LLC, we are more than familiar with the analytical procedures, techniques and concepts of law necessary in order to productively prosecute an amusement or water park injury claim.