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 a while, the Scrambler may have been insufficiently maintained. 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.
However, be ready for the fact that the damage award may not be very large, unless your child was sick for a lengthy period of time or continues to suffer the effects from being on the broken ride. You may be able to get greater damages if your child was incapacitated for an excessively long period of time, disabling you from enjoying his or her company.
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