Amusement Park Ride Injuries and Pre-Existing Medical Conditions
Pre-existing medical conditions are evidence of your longevity and uniqueness; once you reach a certain age, everyone has them, and everyone has a unique story about how they got there. When it comes to filing health insurance claims, or even worse, personal injury claims, insurers use your pre-existing medical conditions as an excuse to pay you less. In personal injury cases, though, the party whose negligence caused your present injury is legally responsible for compensating you for your injury-related financial losses even if you were not in perfect health before the accident. In the case of amusement parks, negligence can take the form of failing to maintain rides in safe condition. Likewise, some rides naturally involve an element of risk such that they require riders to fall within certain height or weight limits or to meet certain health requirements. Therefore, it is negligence if park employees do not prevent guests from riding rides for which their state of health makes them unsuitable. If you had chronic health issues before getting injured on a Florida theme park ride, contact a Fort Lauderdale premises liability lawyer.
Injured Plaintiff Alleges That Disney Misrepresented the Intensity of EPCOT Boat Ride
Disney adults are a heterogeneous bunch, but one thing they have in common is that they know that joy and fun are precious resources. The carefree time they spend at the Disney theme parks is often in stark contrast to the suffering they have endured in their everyday lives, including but not limited to living with physical disabilities. A woman underwent brain surgery in 2019, when she was 27; she and her family agreed that, when she had recovered enough that she was medically cleared to do so, they would all go to EPCOT together. She has spina bifida, a condition where the spine does not develop normally before birth; like many people with spina bifida, she uses a wheelchair and has never been able to walk.
In January 2020, her doctor advised her that she could make the trip, but that she could only ride gentle rides. She and her mother rode the Frozen Ever After boat ride, thinking it would be as gentle as “It’s a Small World.” While waiting in line, they spoke to a cast member about it, and the cast member said that the ride is gentle, but it has small dips. The ride turned out to be rougher than she was expecting, and she hit her head on part of the boat during the final drop which, although not as steep as Splash Mountain, was still sharp. Afterwards, she suffered from headaches and neck pain. She sued Disney for premises liability for misrepresenting the roughness of the ride. She claims that the park employees should warn guests about the sharp drops or that, knowing about her medical condition, they should have prevented her from riding.
Set Up a Consultation Today
A personal injury lawyer can help you file a premises liability lawsuit if you got injured on a theme park ride. Contact Boone & Davis in Fort Lauderdale, Florida or call 954-566-9919 to explore your potential recovery options today.
Source:
insidethemagic.net/2020/04/woman-is-suing-disney-after-riding-frozen-ec1/
