While the winter weather typically means a slow-down at many of the theme parks and amusement parks across the United States, many parks in the South and warmer climate areas remain open all year. One such park that maintains year-round hours is Dollywood located in Pigeon Forge, Tennessee. While these hours can fluctuate and be limited at times, particularly in February, they can provide thrill-seekers and country music lovers an opportunity to visit a national landmark nearly all year. Clocking in at roughly a 12-hour drive from Bentonville, the park can provide a unique entertainment experience.
However, even during slower periods where park attendance is light, all safety precautions must be followed. Failure to adhere to these measure can significantly increase the likelihood that a park guest or an employee will sustain a serious injury on the park grounds. In these instances you may want to contact a Fayetteville AR personal injury lawyer for help.
Amusement park accident leads to broken bones and a TBI
Current reports indicate that the injury occurred on the Waltzing Swinger ride. Riders of the Waltzing Swinger climb into chairs that are suspended from the top of the ride. These chairs then swing outward from the center column when the ride begins to spin. Swing-type rides are extremely popular across the nation, but even these venerable attractions can be dangerous if proper procedures aren’t followed or if the ride is operated in hazardous conditions. According to Tedi and Derryl Brown, the latter is what contributed to a serious injury.
According to a lawsuit filed by the Browns, they allege that wet weather transformed the ride into an unreasonably dangerous risk. While the park states that he ride is subject to closure in inclement weather, that did not occur on the day of the injury. Rather, the Browns allege that the slick conditions caused Tedi Brown to fall approximately 10 feet from her swing. Tedi Brown states that she suffered broken bones and a traumatic brain injury (TBI) due to her fall. The lawsuit seeks $475,000 in damages for Tedi Brown’s injuries.
What claims can be made against a negligent amusement facility operator?
While it is unclear whom exactly makes the call to close a ride based on weather conditions, that decision undoubtedly rests with some park employee. But, even though the decision to open or close the ride is very likely the responsibility of an employee, through the legal doctrine of respondeat superior liability can still attach to the park owners.
The Browns are currently claiming that it was negligent to operate the ride under the wet and slick weather conditions that were present. They may also claim that the broken bones and TBI would not have occurred but for the negligent hiring, supervision, training or retention of the employee or employees who held responsibility for operating the for the Waltzing Swinger swing ride.
If you or a loved one have been involved in an accident at an amusement park, it is imperative to contact an experienced Arkansas amusement park accident attorney today to discuss your best legal options.
What are the effects of a traumatic brain injury?
The effects of a traumatic brain injury (TBI) are particularly concerning when the injury is moderate to severe. Since the brain is the control control of the body and all its organs and functions, damage to the brain can have dire consequences. Consequences of a moderate to severe TBI injury can include problems with memory and focus, changes to one’s personality, numerous cognitive impairments and many other effects. In some instances, those who suffer a brain injury have difficulty with abstract concepts and may struggle to understand and process information. While many of these deficits brought about by a brain injury will improve over time, some can be permanent. Furthermore, while some strategies to cope with the effects of a brain injury exists, such a “chunking” of information, these techniques are uneven in their effectiveness. Even if the techniques do allow the victim of a TBI to function more successfully, they still must cope with the effects of their injury and its impairments each and every day.
Put our personal injury experience to work for you in northwest Arkansas
At the Law Practice of Ken Kieklak we are dedicated to fighting for those seriously injured due to the negligence, recklessness or carelessness of another person or company. We offer reliable, legal guidance and will spend the time to answer your questions clearly and concisely. We understand that your severe injury has necessitated certain levels of care, treatment and lost opportunities that you should be compensated for. To schedule your free and confidential initial consultation call (479) 316-0438 or contact us online today.
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