Posted on Jul 06, 2024

Roller Coaster Ride Leads to Paralysis: A Personal Injury Lawsuit

A North Carolina couple has filed a lawsuit against Family Kingdom Amusement Park in Myrtle Beach, South Carolina, claiming that a ride on the Swamp Fox roller coaster left the husband paralyzed. The incident, which occurred on July 23, 2021, has raised serious concerns about amusement park safety and liability.

The lawsuit alleges that the 55-year-old roller coaster caused an acute spinal cord injury, resulting in quadriplegia. The plaintiffs argue that the theme park failed to properly examine and maintain the ride, making it "extremely dangerous."

Legal Implications of Amusement Park Accidents

Premises Liability in Amusement Parks

Amusement parks have a legal obligation to ensure the safety of their guests. This falls under the concept of premises liability, which holds property owners responsible for maintaining a safe environment. In the case of roller coasters and other rides, this responsibility includes:

  • Regular inspections and maintenance
  • Proper training of ride operators
  • Clear safety instructions for riders
  • Adequate warning signs about potential risks

When an amusement park fails to meet these obligations, they may be held liable for injuries that occur on their premises.

Proving Negligence in Roller Coaster Accidents

To succeed in a personal injury lawsuit against an amusement park, the plaintiff must typically prove negligence. This involves demonstrating that:

  • The park had a duty of care to the rider
  • The park breached that duty
  • The breach directly caused the injury
  • The injury resulted in damages

In the case of the Swamp Fox roller coaster, the plaintiffs may argue that the park's failure to properly maintain the ride constitutes a breach of their duty of care.

Potential Defenses for Amusement Parks

Amusement parks often use various defenses in personal injury cases, including:

  • Assumption of risk: Arguing that riders knowingly accept certain risks when they choose to ride
  • Comparative negligence: Claiming that the rider's own actions contributed to the injury
  • Lack of causation: Asserting that the injury was not directly caused by the ride

Damages in Amusement Park Injury Cases

In severe cases like paralysis, damages may include:

  • Medical expenses (past and future)
  • Lost wages and earning capacity
  • Pain and suffering
  • Loss of companionship and quality of life

These damages can be substantial, especially in cases of permanent disability.

Contact an Amusement Park Injury Attorney for Your Free Consultation

If you or a loved one has been injured at an amusement park, it's crucial to seek experienced legal representation. At Spetsas Buist, we have extensive experience handling amusement park injury cases. Our main office is located in Orlando, Florida, home to some of the world's most popular theme parks, giving us unique insight into these complex cases.

Our team understands the intricacies of premises liability and personal injury law, particularly as they apply to amusement park accidents. We have the resources and expertise to thoroughly investigate your case, gather crucial evidence, and build a strong claim on your behalf.

One of the things that sets our firm apart is our ability to handle cases beyond Florida's borders. We have attorneys licensed in South Carolina, allowing us to take on cases against South Carolina amusement parks. This multi-state capability ensures that we can provide legal support, regardless of where your amusement park injury occurred.

Don't let amusement park negligence go unchallenged. Contact Spetsas Buist at 321-LAWSUIT for a free consultation. Our Orlando-based firm is ready to help you navigate the legal process and fight for the compensation you deserve, whether your injury occurred in Florida, South Carolina, or elsewhere. Let us put our experience to work for you and your family during this challenging time.