A recent article on AOL News reported that a theme park ride injury last summer at Six Flags Kentucky Kingdom may have been the result of workers not following the manufacturers instructions. The instructions were related to the handling of cables that snapped and severed a teenager’s right foot and caused the necessity to amputate her left leg. The ride at issue is the Superman Tower of Power.
Apparently, a ride-maintenance manager of approximately ten years testified in deposition that theme park technicians never did any hands-on inspections of any of the rides 10 cables before the incident. Additionally, this witness testified that the park techs did not lubricate the cables monthly and applied corn starch to reduce “cable slippage” from lubrication that the employees believed was a result of the rides own machinery. When these cables snapped on June 21, 2007, it injured a 14-year-old girl. Doctors were able to reattach the right foot. Her Left leg had to be amputated. The girl’s family has brought a lawsuit.
A state agency called the Kentucky Department of Agriculture inspects theme park rides. The Department is awaiting testing to decide what caused the cable to snap.
In any ride-injury case against a theme / amusement park, it is important to jump start your investigation early. Our firm has handled many cases against theme parks and several ride injury cases. It is critical that evidence relating to the incident is preserved. A good way to attempt to preserve evidence regarding a ride injury is to send via certified mail a brief letter to the park requesting that any evidence relating to the incident is preserved. You should specifically identify what particular pieces of evidence you know you need preserved as well as “any other evidence relating to the incident.”
Also, it is important that you do not delay in your investigation, primarily because there usually periods of limitation that apply to any case and if the period expires the case will be forever barred regardless of the merits or who is right and wrong. But also, often times there may be a claim against the manufacturer of the ride. You must find out who the manufacturer is and where they are located. Sometimes the manufacturers are in foreign countries and service of process must be perfected through the Hague Convention or another international service of process treaty. This can be very time consuming and it is imperative that you do not delay if you have been injured as a result of a theme park accident.
Lastly, but probably most importantly, it is imperative that if you wish to pursue a claim related to a theme park accident, that you have a qualified attorney with experience in these particular matters representing you.
Full Article:
http://news.aol.com/story/_a/witness-faults-workers-in-ride-tragedy/20080413181209990001
A civil trial attorney with the firm Wooten, Kimbrough, Damaso & Dennis, P.A., Mr. Damaso concentrates on cases involving personal injury and wrongful deaths and solely represents individual victims and consumers. He takes his clients' cases personally and is committed to their best possible outcome. His strong sense of community has led to his support of numerous charities in the Orlando area.
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