Q: Have You Been Seriously Injured on an Amusement Park Ride?
New Jersey personal injury attorneys go to battle against negligent doctors, government agencies, drug manufacturers, and sometimes even monsters… like Kingda Ka. Arguably New Jersey’s most famous amusement park, Six Flags Great Adventure is home to Kingda Ka – reportedly the world’s tallest roller coaster and the fastest one in North America. According to a personal injury lawsuit by a Neptune surgeon, the behemoth coaster ride left him with “excruciating, unbearable pain in his shoulders” throughout the ride and “residual neurological and musculoskeletal deficits and disabilities”. These injuries will last the rest of his life, despite repeated post-accident surgeries.
The 6’2 tall, 190-pound doctor, who reportedly meets the height and weight restrictions for the ride, claims he asked for an attendant’s assistance when he boarded the ride because the harness was too tight against his shoulders. The attendant reportedly adjusted the harness “to a more comfortable setting” but after the ride started, he claims the harness “jerked sharply downward… and locked tighter as the ride continued” resulting in immediate and excruciating pain.
His extensive injuries became apparent in the weeks to follow. His personal injury lawsuit included:
- “acute rupture of at least two intervertebral discs” in his cervical spine
- “inflammation and swelling” from leakage of the contents of the ruptured discs
- “nervous tissue damage” from spinal cord compression
- “numbness in his hands and feet”
- “burning pain in his back and extremities”
- “weakness and ‘spasticity’ in his lower extremities”.
In general, personal injury lawsuits arise when a victim suffers a serious personal injury as a result of the negligent, reckless, or intentional actions or inactions of another person or entity. If the victim can prove the defendant is liable for their injuries, compensatory damages may be awarded. While damages will differ on a case-by-case basis, they may include the victim’s current and future medical expenses, current and future lost income or diminished earning capacity, physical and psychological pain, and more.
Is This a Case of Product Liability?
The doctrine of product liability falls within the umbrella personal injury law. It is based on the idea that the public should be safe from harm when using products for their intended purposes. Lawsuits arise when people are injured by products due to design defects, manufacturing defects, or failures to give adequate warnings or instructions for the product’s use.
In this case, the victim claims “the design of the seats and harnesses was defective…” and the defendants were negligent in “failing to warn taller riders, including those whose upper bodies extend above the rear of the seat backs, that they cannot safely ride in the car”. The suit alleges that neither the attendant nor any signage warned that taller riders could suffer whiplash-type injuries from Kingda Ka’s “extreme speed and torqueing forces”. The amusement park, as well as companies that designed and manufactured the ride and its parts, were named as defendants.
Contact Our New Jersey Personal Injury Attorney Today
If you or a loved one has been injured in an amusement park ride, or any other accident due to someone else’s actions, the injury attorneys at Levin & Malkin can help maximize the compensation to which you may be entitled. Contact us today for a free case evaluation.
From our offices in Hackensack, we’ve been helping accident victims in New Jersey and New York including but not limited to Bergen County, Hudson County and Passaic county since 1975.
Posted in: Personal Injury