An incident took place at Urban Air Adventure Park in Newnan, Georgia. A young girl, aged six, had a terrifying brush with death while riding a zip line.
Urban Air Adventure Parks are favored destinations for children's parties across the United States, and there's now one in Winter Garden, Florida, a quick drive west of Orlando. Urban Air Parks offer a range of attractions, including climbing walls, APEX trampolines, bumper cars, obstacle courses, mini-golf, and aerial rope course trails.
One particularly popular feature is the Sky Rider, a zip line roller coaster that provides a breathtaking panoramic view of the park. However, during a visit to the Urban Air park in Newnan, Georgia, this attraction turned into a perilous ordeal for a young girl and her father.
On June 27, 2023, Michael Wilbourn took his six-year-old daughter to Urban Air, where she wanted to experience the Sky Rider. After his daughter got on the ride, Michael heard his daughter's panicked cries as she struggled for breath. He quickly realized that she had become entangled in the zip line cord.
Acting without hesitation, Michael leaped over the counter, scaled a 12-foot netting structure, and rescued his daughter from the deadly grip of the cord. Apparently, no staff members offered any assistance during this crisis.
Michael, frustrated with the park's safety measures, confronted the management, arguing that their response had been inadequate. Despite being offered a refund, he rejected it, believing that immediate action should have been taken to safeguard his daughter's well-being.
Following the incident, the young girl complained of neck and back pain, prompting Michael to seek medical help. A physical examination revealed visible abrasions resulting from the strangulation.
A representative from Urban Air Adventure Park acknowledged the incident, emphasizing the company's unwavering commitment to the safety of their guests and employees.
Unfortunately, similar incidents have occurred at other Urban Air Adventure Parks, leading to legal actions being taken. For example, a 3-year-old child was injured in a similar incident on the zip line at an Urban Air Adventure Park in Illinois in 2022.
Additionally, children have fallen from the Sky Rider at the Urban Air Adventure Parks in Florida and in Reno, Nevada, and both these incidents occurred in 2019. In these incidents, the parents of the injured children sued Urban Air Adventure Park for negligence.
In an attempt to address the risks, the Urban Air Adventure Parks now require guests to sign waivers. However, Mr. Wilbourn believes that these measures are insufficient. He expressed his concerns about the company's safety protocols and questions the suitability of the equipment for children of varying sizes after the incident involving his daughter.
Seeking Legal Recourse After a Child is Injured at Urban Air Adventure Park
When a joyous outing at an Urban Air Adventure Park results in an injury for a child, it's natural for a parent to consider their legal possibilities. Consequently, many may question, "Can a parent sue for negligence if their child is injured at an Urban Air Adventure Park?"
Understanding Negligence in Personal Injury Cases
In legal terms, negligence refers to a failure to behave with the level of care that someone of ordinary prudence would have exercised under similar circumstances. In the context of an amusement park or a park like Urban Air Adventure Park, this could encompass a wide range of scenarios, from malfunctioning equipment to lack of adequate supervision or improper training of staff member.
Establishing Grounds for a Negligence Lawsuit
To successfully file a negligence lawsuit, it is typically necessary to demonstrate the following:
- The defendant owed a duty of care to the child.
- The defendant breached that duty.
- The breach directly resulted in injury to the child.
- The child suffered damages as a result of the injury.
Urban Air Adventure Park's Liability When a Guest Gets Injured
In the context of an Urban Air Adventure Park, the park, as the operator of the facility and the provider of services, inherently owes a duty of care to its patrons. If a child sustains an injury as a result of faulty equipment, insufficient supervision, negligent training, or any other circumstance that could have been avoided through reasonable care, it is likely that the park has breached its duty of care.
The Next Steps in Pursuing a Personal Injury Claim Against a Park
If you believe that negligence on part of Urban Air Adventure Park resulted in your child's injury, consulting with a personal injury attorney can provide valuable insight. They can guide you through the legal process, assess the viability of your case, and help you understand potential outcomes.
In conclusion, if a child is injured due to negligence at an Urban Air Adventure Park, a parent does have the right to pursue a lawsuit. As always, it's essential to consult with a legal professional to ensure you're taking the appropriate steps.