Woman Hurt When Thrown from an Amusement Ride

I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a call from a woman who wants to sue after being thrown from an amusement park ride. She says she needed neck and low back surgery after the incident. She also says she can no longer work as a janitor, a job she had for the last 30 years. Her medical bills to date total nearly $500,000. She says her earnings loss so far is $150,000.

She wants to know if she has a good chance of successfully suing the company that operated the amusement ride. She wants to know what factors we would look at to determine her chances of winning, and she would like to know what damages she can potentially recover.

Any lawsuit would likely be based on claims that the defendant (the amusement ride company) was negligent and reckless in the operation of the amusement ride and that its actions or inactions caused the woman’s injuries.

The owner and operator of an amusement device is required to exercise reasonable and ordinary care in maintaining, operating, and supervising the device.

Key factors to consider include determining if Indiana statutes that govern amusement ride safety were violated without excuse or justification:

–  Regulations require owners to be familiar with the manufacturer’s instructions, prepare an operating fact sheet for operators, and refrain from operating devices at unsafe speeds or at speeds beyond the recommended limits.

–  Specific equipment, such as belts, bars, and footrests, must be provided to ensure safe entrance, exit, and support. This equipment must be strong enough to restrain passengers and have fastenings that cannot be inadvertently released.

–  All devices must comply with the manufacturer’s safety standards, operating manuals, and technical specifications. Additionally, daily operation and inspection logs, as well as personnel training records, must be maintained.

If the woman successfully proves her claims and her fault is 50% or less, she may recover damages to compensate her for those elements reasonably demonstrated to have resulted from the defendant’s wrongful conduct.

Damages she can potentially recover include a jury taking into account the nature and extent of the woman’s injuries, whether her injuries are temporary or permanent, physical pain and mental suffering, medical expenses, disfigurement caused by the incident, lost time and earnings, and the loss or impairment of earning capacity.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”