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The Ferris wheel I was on with my child broke down, and we were stuck in the air at the top of an incline for everyone to see. The park had us climb down some scaffolding, and now my child is terrified of heights. Can we sue for emotional distress?
This depends, to a great extent, on what state the lawsuit will be brought in. It sounds as though neither you nor your daughter suffered actual physical injury. In some states, you cannot bring a suit for emotional distress alone when there has not been any physical injury claim. However, if your state allows you to sue for emotional distress alone, your daughter’s experience and the effect it had on her should form a relatively strong case. Professional testimony from a therapist or psychiatrist may be necessary to validate your daughter’s terror and give you ammunition to put a monetary value on it. Another part of her damages will certainly be for any psychiatric care that is necessary to help her overcome her fear of heights.
You may also be able to claim emotional distress damages, from the fear that you experienced for yourself as well as the fear that you would have experienced from seeing your child in danger. If your daughter’s fear of heights has damaged the relationship between you – if, for example, the two of you are no longer able to enjoy activities that you enjoyed prior to the incident – you may also be able to make a claim for loss or damage of that relationship.
If your daughter’s claim is successful, the money she receives will be put into an interest-bearing trust for her, to be used for her recovery. You will most likely be named the trustee so that you will be able to make sure the money is used appropriately. If your claim is successful, that money will be yours to do with as you see fit. |
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