Posted Thursday, September 5, 2013 12:54 PM | Contributed by VitaminsAndGravy
A woman is suing Camden Park for injuries she allegedly sustained while attempting to enter the amusement park in the third recent lawsuit filed against it. On Aug. 11, 2012, Linda Rogers was on the premises of Camden Park when she attempted to enter the amusement park and she tripped and fell on broken and cracked blacktop.
Read more from The West Virginia Record.
I originally read that as "She tripped and fell and cracked the blacktop" - I had to do a double take, because I was caught off guard.
This story stinks of frivolity....
Forgive my crassness--and yes I'm aware that I don't know the minute details of this incident--but I tend to observe where I'm walking, even when the ground in front of me is in a location owned by a party that can be sued; and regardless, very likely wouldn't sue that party should said ground cause me to trip and fall due to my lack of observation.
I thought that it was common sense to watch where you are walking.
The defendant’s actions caused Rogers to sustain serious injuries, including medical and hospital bills; physical injuries; severe and significant emotional distress and mental pain and suffering; fear, humiliation and embarrassment; annoyance and inconvenience; loss of physical health and well being; loss of enjoyment of life; disability and disfigurement; and loss of homemaker and household services, according to the suit.
And she feels that she was not responsible for her fall? It's Camden Park's fault? Just how large was this crack in the sidewalk? Was she on any medication that might cause her to shuffle her feet, be unbalanced, or have a lack of judgement? Did she really feel fear, humiliation, and embarrassment after she fell? Just how annoyed and inconvenienced was she after falling over a crack in the sidewalk? Did she keep a clean house and cook for her family before this terrible incident? Oh no, that poor lady. Disfigurement? Oh no!
Was she walking backwards? Is that why she didn't see the crack in the sidewalk? Was she running? Was she wearing a neck brace that didn't allow her to look at the ground that she was walking on?
Is there the possibility that she saw the crack and decided to make a scene so she could sue? Will she be able to prove that she was injured and not faking it?
Rogers sustained serious injuries to her leg, ankle, knee and back.
Was it a twisted ankle or a broken leg? Did she need knee replacement surgery? Is she now wearing a back brace, awaiting back surgery for ruptured discs?
I have so many questions.Last edited by LostKause, Thursday, September 5, 2013 4:27 PM
The answer to all of them is no.
Don't cry because it's over, smile because it happened.
Travis, I'm sure you'd be embarrassed if you fell and busted your ass in front of people. That's pretty funny for most people to witness. Hehehe...
In all seriousness, I'm with Vater on this one. I'm careful with observing my environment and where I walk. Are parks responsible for maintaining a decent level of walkway safety? Sure. This doesn't mean if a dumbass turns an ankle and injures themselves that they should be able to sue. I've never agreed with this type of lawsuit.
I do tend to think probably more than most that there's almost no reason to sue a park other than death or grievous bodily injury caused by a specific case of ride maintenance negligence (SFKK drop tower for example). Not watching where you're going and injuring yourself doesn't really equal a lawsuit for a normal person.
"Look at us spinning out in the madness of a roller coaster" - Dave Matthews Band
Was she actually disfigured? How? What were these injuries, exactly? What's the difference between severe emotional distress, significant emotional distress, and severe and significant emotional distress?
Maybe she has a case. I don't know. But my initial reaction is, if you're not paying enough attention to what you're doing to watch where you're going on a blacktop parking lot with cracks so large someone could trip on them...it's not just the park that's being negligent....
Time flies like an arrow. Fruit flies like a banana.
-- Groucho Marx
Travis, quit trippin' the ladies at your home park. You won't get invited back. That trip to Kings Island is loooong.Last edited by RCMAC, Thursday, September 5, 2013 8:37 PM
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