My 10-year old ignored the warning signs at the coaster’s entrance that had age, height and weight criteria. He broke one arm and leg when he stuck out his arms and legs. Are we partially responsible? Will we recover any damages?
It sounds as though your son was possibly too young and/or physically ineligible to go on this particular ride. And to make matters worse, he did not follow the directions given on the roller coaster to keep his arms and legs inside the car at all times. Your son’s conduct will lessen any damages that might be awarded. In that case, the court – or the insurance adjuster – will try to determine what percentage of your son’s injuries is due to his own actions, and any damage award will be lessened by that percentage.
You may still be able to collect some small award of damages if you can show that the roller coaster’s attendant should have stopped your son from going on the ride based on his stature and apparent age. However, this will be an extremely difficult argument to make. The park will argue that you or your son had a duty to obey all the rules of the ride and that it is not up to the attendant to examine every rider to determine if the rider is suitable for the ride. On the other hand, you can argue that, by imposing those rules, the park has a duty to make sure that the rules are followed by providing enough and sufficiently trained attendants.
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