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My toddler was playing in the ball room at an amusement park and was buried under the balls for an unknown period of time, causing a brain injury. Who is liable?
The answer to this question lies in the circumstances surrounding the injury. According to the rules posted at the ball room, was your child big enough and old enough to go into the room? Did you see the rules and read them? Or was an attendant there to help announce and enforce those rules?
If there was an attendant, another group of questions come up. Was the attendant trained? Did the park have any complaints that had been issued against the attendant? Was the attendant distracted at the time of the accident and, if so, was it because there weren’t enough attendants on duty to give proper attention? How new was the attendant? Had there been any other similar occurrences that happened when this attendant was on duty?
Other questions that your attorney may want to explore include were you allowed to go in the ball room as well? If not, was it easy for you to see your child from your viewpoint? Finally, had the park had any problems with the ball room in the past? All of these questions will help your attorney determine whether you have a case and if so, against whom.
Liability may also be affected by the doctrine of assumption of risk. This legal doctrine states that you, as the parent, would have recognized that the ball room would present certain risks to your child and when you agreed to let him go into the ball room, you assumed those risks. In some states, this can effectively block any recovery; in others, it will affect the amount of your damages and in some, it will have no effect whatsoever. An experienced attorney can help you determine all the issues that this case presents and how best to proceed.
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