Plaintiff Reaches Settlement with Cedar Point After Being Struck in the Head While Waiting for Roller Coaster

A Michigan plaintiff has reached a settlement with Cedar Point after she was struck in the head by a piece of the roller coaster that had fallen off. While people do file lawsuits against theme parks regarding injuries they sustained on roller coasters, it is awfully rare to find a lawsuit filed against a theme park based on something that happened while they were waiting in line. In this case, a piece of the roller coaster fell off the ride and struck the patron in the head, causing serious injury.

The lawsuit 

The plaintiff was visiting the amusement park in August 2021 when she was allegedly injured by the roller coaster. She filed a lawsuit against Cedar Point in 2023 for negligence. According to the lawsuit, she suffered permanent injuries including skull fractures and brain trauma and incurred medical costs of over $2 million. In other words, the plaintiff suffered a life-altering injury as a result of the broken piece of roller coaster falling on her head.

Elements of negligence and premises liability 

In this case, you have a basic premises liability lawsuit. Premises liability lawsuits are filed under a theory of negligence. The plaintiff contends that a property owner or manager is liable for their injuries because they failed to correct a dangerous hazard on the premises. In this case, the amusement park was accused of failing to secure a piece of the roller coaster which became a piece of falling debris. This is a hard lawsuit to defend if you’re a defendant. The property owner has a duty of care to ensure that the grounds are safe for patrons. When they fail in that duty of care, the patron can establish negligence by proving that the owner, property manager, or any of the staff either knew or should have known about the dangerous condition. In this case, the dangerous condition was created by a maintenance failure on the ride and a failure to notice that there was potentially dangerous debris threatening customers.

Amusement park lawsuits 

Amusement parks often face premises liability lawsuits. After all, they are one large premises. These lawsuits are also common for hotels, motels, restaurants, bars, and other areas of attraction to the public. However, a premises liability lawsuit isn’t the only type of lawsuit that an amusement park can face. More often than not, amusement parks face lawsuits related to their rides.

Lawsuits involving a defective ride are often filed under a theory of product liability. Both the amusement park and the ride’s manufacturer can be sued in a cause of action when someone sustains an injury due to the ride. Often, there is a failure to abide by basic restrictions that causes tragedy on these rides. When that happens, it’s the amusement park’s fault for the injury.

Talk to a Tampa, FL Amusement Park Liability Attorney Today 

The Tampa personal injury attorneys at The Matassini Law Firm represent the interests of those who have been injured in amusement parks. Call our office today to schedule an appointment and learn more about how we can help.

Source:

beaconjournal.com/story/news/2024/04/15/michigan-woman-injured-by-cedar-point-roller-coaster-settles-with-park/73328600007/