Woman sues Magic Springs

after falling off bench
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Woman sues Magic Springs

Postby kidcoaster 2 » Fri Mar 06, 2009 10:41 am

Woman sues amusement park after falling off bench


3/5/2009 10:00 AM
By Michelle Massey, Texarkana Bureau




HOT SPRINGS, Ark. - In the middle of the summer last year, Darlene Davis and some of her family traveled to Hot Springs amusement park, Magic Springs and Crystal Falls. While inside the park, Davis states she was sitting on a bench when a screw popped out, causing her to fall backwards.

Davis says she sustained serious and permanent injuries during the incident, including injuring her back, neck, head and aggravating preexisting injuries.

Darlene Davis filed a personal injury lawsuit against PARC Magic Springs LLC, doing business as Magic Springs and Crystal Falls on Jan 23 in the Garland County Circuit Court of Arkansas. The case was transferred to the federal court of the Western District of Arkansas, Hot Springs division on Feb 26.

Shortly after the incident, an unknown witness took a picture of the bench and e-mailed it to a family member of Davis.

According to the complaint, while Davis was filing a report on the incident, maintenance was called and proceeded to fix the bench. Davis then states she complained to the defendant but the amusement park denied her claim.

The lawsuit accuses the defendant of failing to provide a safe premise for invitees, placing a defective bench for invitees to rest upon, failing to train or properly supervise employees regarding the inspection of benches and otherwise failing to exercise ordinary care for the safety of the plaintiff.

The plaintiff argues the defendant also failed to warn her of the dangerous condition presented by the park bench and that she could not have discovered or protected herself against that danger.

Davis is seeking damages for medical care, transportation expenses, pain, suffering, and mental anguish.

The plaintiff is represented by Hot Springs attorney Gary L. Eubanks and is requesting a jury trial.

U.S. District Judge Jimm Larry Hendren will preside over the litigation.

Case No 6:2009cv06015


www.setexasrecord.com/news/217765-woman-sues-amusement-park-after-falling-off-bench


This one is my favorite

The plaintiff argues the defendant also failed to warn her of the dangerous condition presented by the park bench and that she could not have discovered or protected herself against that danger.


Come one I am sure the park is not sure of this stuff. Things like this happens go cry about it. :cry: :lmao:

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Postby hyyyper » Fri Mar 06, 2009 11:11 am

Can't we just copy&paste the last topic about a themepark lawsuit into here. It would certainly save us a lot of time discussing this one.

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Postby cfc » Fri Mar 06, 2009 11:16 am

^I tend to agree. Thank you for sharing the information, but, most likely, this thread will degenerate into a lot of gassing off about "stupid woman, blah. blah, blah" or "stupid park, blah, blah, blah."

That being said, I'll leave the thread unlocked for now. But if it degenerates into complete stupidity, it will be locked.

And as for my take on this, if the bench was seriously defective, the park is at fault--and the case will probably be settled out of court.

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Postby Devious » Fri Mar 06, 2009 11:21 am

Looks like "Bench - The Ride" Just had it's first major breakdown :lmao:
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Postby ebl » Fri Mar 06, 2009 11:26 am

So now we know the truth: Bench---The Ride is a launched ride...

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Postby Sir Clinksalot » Fri Mar 06, 2009 11:27 am

^ Nice!!! :lolr:

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Postby mcjaco » Fri Mar 06, 2009 11:32 am

The plaintiff argues the defendant also failed to warn her of the dangerous condition presented by the park bench and that she could not have discovered or protected herself against that danger.


This is a typical arguement in most general liability/premises liability cases. It's the most simple of complaints to file, so it's always in there.

Defense will argue that there was no notice of said defect, as this is likely the first such incident occuring with the said bench, which is why the claim was probably denied.

As long as Magic Springs was showing reasonable care there really isn't much of a case (IMO). Now if maintenance records show this bench, or other benches were also in disrepair, the plaintiff might have a strong case. Which might be why this got bumped to the next level of courts. Or, the plaintiff appealed the last courts decision. The article doesn't say.

My guess, the claimants demands are much to high for her actual damages, and she's exagerating her case.

Not that I would have any knowledge of such a thing happening in liability cases like this....... ;)

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Postby Emiroo » Fri Mar 06, 2009 11:45 am

I don't know why she's suing. After all, she got the exceptionally rare Bench:TR rollback credit! :lmao:

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Postby SuperMikeo » Fri Mar 06, 2009 1:13 pm

Bench: The Ride IS officially the only inverted, wooden drop ride in existence. It even features a Vekoma style flying transition. It just never leaves the station. Awesome.

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Postby DBru » Fri Mar 06, 2009 3:18 pm

I would like to see this picture of said 'bench'.
Image

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