Ralph A. Schwartz, P.C.

Premises liability suit may follow girl's injury at carnival

People in Nevada and other states may not even be aware that they put their lives on the line when they go on rides at entertainment parks and carnivals. The organizers of a carnival in another state may be facing a premises liability claim following an incident in which an 11-year-old girl suffered critical injuries. A safety consultant reportedly said the ride from which the girl fell has a history of causing injuries.

Reportedly, the girl fell from the seat of a cart during the riding cycle. Her hair got caught in the driving gears of the equipment. Her scalp was ripped from her head, causing critical injuries. Other riders reported feeling a jerk which might have caused the girl to slip off the seat as the ride was not fitted with seatbelts.

The consultant noted that, in 1993, two carts broke off such a ride, injuring 29 people and leading to a recall of the spindle that malfunctioned. He added that the ride from which the girl fell should never have taken place. He said the manufacturer's instructions clearly state that seatbelts must securely restrain riders, and he expressed shock to learn that no seatbelts were fitted to the carts.

The girl who was injured in this incident will likely suffer the consequences for the remainder of her life. Her parents had many questions but reported that the carnival organizers have not reached out to them. Premises liability claims may be filed in a Nevada civil court when a person lawfully on a property suffered injuries caused by the property owner's negligence. In a case such as this one, the carnival organizers and the operator of the rides may also be named as defendants if and when financial relief is pursued in civil court.

Source: wowt.com, "Expert: Ride that injured girl "shouldn't have been running"", Don Granese, May 10, 2016

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