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.

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Products Liability

Product liability law is designed to protect consumers from dangerous and defective products. Product liability covers all types and kinds of products, including automobiles, trucks, household products, prescription drugs, toys, manufacturing equipment and machinery. The list is endless.

Consumers who have brought successful product liability suits have helped make the world a safer place to live. Dangerous automobiles like the Corvair and the CJ Model Jeeps were unstable and would roll over too easily. After several lawsuits were brought on behalf of those seriously injured or killed, these products were either discontinued or made safer.

Similar results have been achieved in cases involving asbestos, flammable fabrics, unguarded machinery, farm equipment, tractors with no rollover protection, prescription drugs, dietary supplements, toys with too many parts for young children to swallow, car seats for babies, and the list goes on and on.

A product may be defective in the way in which it is designed or manufactured. A product may also be defective if it does not contain adequate warnings about the dangers involved in the use of the product, or if it does not have proper instructions concerning the assembly, installation or use of the product.

After decades of losing and settling cases involving defective and dangerous products, corporations are slowly realizing that it is in their best interest to make a safe product as opposed to a cheap one.

The statute of limitations for a product liability claim is generally two years from the date of injury or death.