Jump to content
  TPR Home | Parks | Twitter | Facebook | YouTube | Instagram 

Woman sues Magic Springs


Recommended Posts

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.

Link to comment
Share on other sites

  • Replies 24
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

^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.

Link to comment
Share on other sites

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.......

Link to comment
Share on other sites

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.

 

Now we're going to need warning signs on every bench everywhere.

 

"Warning, do NOT sit on this bench if you are pregnant, have had recent surgery, illness, back/neck problems, high blood pressure, are under the influence of drugs or alcohol.

 

For your safety, you should be in good health to sit. Only you know your physical conditions or limitations. If you suspect your health could be at risk for any reason, or you could agravate a pre-existing condition of any kind, DO NOT SIT!"

Link to comment
Share on other sites

I'm going to guess the woman was overweight, leaned back on the bench, and thus caused the bench to fail. Like stated earlier, the only way this woman will have a case is if there is proof that the park management failed to maintain the benches, but her excuse that the park management should have told her the bench's condition is idiotic.

 

 

Here is the plaintiff:

 

Link to comment
Share on other sites

^Ahahahahah!!! But seriously, what's next "the water in the water fountain was cold it scared me and I bit my tongue, I want $50,000!!!!" Lawsuits in this country are getting so out of control.

Link to comment
Share on other sites

^^ If that's really her, then why didn't she just sit on her scooter? That way, two spaces would have been available for others to sit on the bench.

 

No...make that three. She'd need a place to set down her food down.

 

Seriously, I shouldn't judge someone I don't know, but from the picture, she does not look like a pleasant person and has "trouble" written all over her face.

 

Eric

Link to comment
Share on other sites

^, ^^ , the photo is from the second Where in the World are Robb and Elissa thread.

 

 

Sadly, lawsuits like these seem unavoidable in today's economy as people need/want money, so they turn to lawsuits because of their stupidity(not that lawsuits before this weren't pointless).

 

While there is the slight possibility that it was the park's fault, it is most likely that much of the blame is with the woman. There might have been a loose screw, but I'm sure it was the woman leaning back on the bench which caused it to fail.

Link to comment
Share on other sites

"If that's really her..."

 

Hence the word "if" in my post. We tech writers like to use conditional terms...

 

Anyway, chances are this thing will be thrown out unless somehow proof can be found that the bench did pose a hazard because part of it was loose and/or missing.

 

Eric

Link to comment
Share on other sites

It'll be settled out of court, but if the park really was negligent in maintaining something in their park, they should lose. Bad things do happen to people, and it doesn't always mean the person is just looking for a quick buck.

 

I'll admit that I'm biased to a degree, but I don't think any of us know enough facts to really make a determination here.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.

×
×
  • Create New...

Important Information

Terms of Use https://themeparkreview.com/forum/topic/116-terms-of-service-please-read/