Amusement Park Ride Not So Amusing--Guard Rail Collapses--Fall Results in Serious Injury
A mother and her 11 year old son wanted to ride one of the "Himalay" style rides at the Tulsa State Fair. They went up the stairs and stood on the platform to look at the ride. While they were waiting, the guard rail collapsed, causing the mother to fall approximately 8 feet to the pavement below. She fractured her heel in several places, which required multiple surgeries. The doctors had to insert several screws and pins to try to hold her heel together.
She worked as a nurse in the newborn baby ward. Her job required her to be on her feet all the time. Since she could hardly stand to put any weight on her foot, the hospital terminated her.
She sued the operator of the amusement ride. As it turned out, the ride inspectors for the Department of Labor conducted an inspection of the ride shortly after the accident. The ride operator was found to be negligent for not properly installing and monitoring the guard rail. The photographs and report of the Department of Labor were crucial pieces of evidence in the case.
This case points out why it is necessary to obtain legal counsel in cases involving serious injury on someone else's property. The lawyer was able to contact the Department of Labor and found the photographs and report. The amusement ride operator literally had no defense in the case, and had to settle.
