After numerous
injuries, lawsuits and questions from WGN Investigates, Splash Blasters, a popular
thrill ride at Magic Waters in Cherry Valley, Illinois has been shut down, its
license suspended by the County. Seven
lawsuit have been filed against the Rockford Park District since July 2014
involving injuries suffered on the water coaster at Magic Waters. Six of the
claims were filed this year, two by people who suffered back injuries on the same
ride, on the same day. Injuries happened at the beginning of the ride where
there's a high elevation point and a pretty steep drop. Most of the lawsuits
say under-inflated rafts didn't provide proper support for riders. Each of the
seven plaintiffs is seeking more than $50,000.
Although
amusement and water park rides are usually designed with safety in mind, these
rides are designed with steep drops, jolts, and jerks that can result in
serious injuries. Common injuries are often to the back and head due to the
impact as the body sails down a water slide. While some accidents are due to
the carelessness of the rider, others result from negligence on the part of the
amusement park owners or employees.
As WGN
Investigates delved into these accidents, they discovered that the Illinois
Department of Public Health and some counties inspect for water quality, cleanliness,
and lifeguards, but no one is watching how safe a ride is once it's installed
and running.
Illinois law provides certain levels
of recreational use immunity to public entities, which may make the lawsuits
difficult for the plaintiffs to win. Recreational use immunity
recognizes that patrons
assume some level of risk at recreational facilities. While the park owners and
district have a duty to exercise care, they cannot be liable for injuries
unless it is proven that they knew about an unsafe condition, but took no
safety precautions.
In
cases like this, three types of law may apply – negligence, premise liability,
and product liability. The plaintiffs will need to prove that the owners knew
about a defect in the raft or ride and refused to take any action to correct it.
An experienced attorney can evaluate which law(s) apply and help victims seek
compensation for current and future expenses, and punitive damages, but this
will take time. It could be months, even years until a settlement is reached. For
those people that have financial responsibilities and in some cases loss of
income, lawsuit funding is an
option.
Lawsuit Financial, can provide a non-recourse
lawsuit cash advance for plaintiffs who are facing financial issues while
litigating an amusement or water park accident lawsuit. To be
considered for funding, we only require a one page application, case
documentation from the plaintiff’s attorney, and a strong case. That means no
monthly payments, credit checks, or employment verification. We can usually review
and approve cases for funding within 24 hours and send funds via overnight mail
or direct deposit. That’s it! Then, we wait for the case to settle before any
repayment is made. We do not require repayment should our client lose the case.
To
find out if you may qualify for lawsuit
funding, call us today or complete our online application. We also provide
free, no-obligation consultations.
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