My child became ill on the Scrambler when the ride broke and they couldn’t get it stopped for 10 minutes. Is the amusement park liable?
The amusement park and/or the Scrambler’s manufacturer may both be liable for your child’s injury, depending on why the Scrambler broke down. If it was a fairly new piece of equipment, it may have been engineered or assembled incorrectly. If it has been at the park for awhile, the Scrambler may not have had sufficient maintenance. Your attorney needs to file a complaint as quickly as possible in order to get maintenance records, photographs and any incident reports from the park, preferably before the Scrambler is significantly modified or repaired.
Be ready, however, for the fact that the compensatory damage award may not be very large unless your daughter was sick for a lengthy period of time or continues to suffer the effects of being on the broken ride. You may be able to get more damages if your daughter was incapacitated for a sufficiently lengthy period of time that you were unable to enjoy her company during that time.
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