daughter hurt on carnival ride

[louiseeis]

I asked this once before just wondering if anyone had more advice. My daughter was run over by a carnival ride. She had a strained muscle in her shoulder and now has terrible nightmares. Her doctor sent her to a shrink. She has suffered according to the dr. severe anxiety and has reverted some of her behaviors ie wetting the bed and thumb sucking. Is there any thing the carnival is liable for. This happened in Pa. My daughter is only 4. Thanks for any advice upfront. Oh yea, by the way, the owner of the carnival called the next day and asked me to put it behind me and get on with it. Never any mention of paying for her medical bills or anything. Never even apologized. It was also a ride she should have be seat belted in by the attendant of course he did not do.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

As I understand it (as taught by professors), this would fall under the category of assumption of risk. Your daughter assumed the risk of riding the carnival ride and thus assumed the risk of injury as possibly reasonably can be caused by such a ride.

But two things stand out here: you may still be able to recover if the operator DID NOT PUT HER SEATBELT ON OR MAKE SURE IT WAS SECURE AND ALSO IF THE INJURY IS NOT THE TYPE ONE WOULD NORMALLY EXPECT FROM THIS TYPE OF RIDE.

Think about this and then perhaps consult an attorney. There also may be some special state law on this. To find out, check out STATE LAWS at the freeadvice.com homepage and then click state statutes and then your state.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by lawrat:
Your daughter assumed the risk of riding the carnival ride and thus assumed the risk of injury as possibly reasonably can be caused by such a ride.

<HR></BLOCKQUOTE>


My response:

Lawrat!! Assumption of the risk? A four-year-old? Boyles v. Hamilton (1965) 235 Cal.App.2d 492, 45 Cal.Rptr. 399 - - child may not assume risk of injury . . .

IAAL


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[louiseeis]

Thank you for your replies. It was a car ride similiar to a merry-go-round. She was not even on a car yet. Someone from another ride yelled to him while she was getting on and he started the ride. I am not looking to just be sue happy, but the carnival owner was rude and would not even apologize. She won't even think about riding anything anymore. I just want her medical bills paid and some sort of accountability from them. Thanks again!

 

[lawrat]

IAAL - you are right. Missed that part. Must be more tired than I thought!

: - )

Also, since a merry go round -- i don't think that would apply anyway.