My daughter was getting onto a ride at a fair and the ride attendant slammed her hand in the ride door. He let her off the ride, let her leave the area with her hand bleeding badly. I think the ride attendant may have been on drugs.
A cop picked my daughter up and got her help. My daughter had a broken finger, ripped off nail (all of nail may not grow back), her finger is crooked and she’ll likely have nerve damange. What should I do?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Fairs and carnivals are always operated in large open spaces such as parking lots, convention centers and exposition sites.
These sites, whether owned privately or publicly (for example on State grounds) will be covered by an insurance policy for any injuries that occur thereon.
In this case, the location of the fair more than likely has an insurance policy against which you may submit a premises liability claim on the basis that the ride attendant was negligent. In addition to the insurance of the venue, there will also be an insurance policy carried by the entity putting on the fair.
They are typically required to obtain a rider or supplemental insurance policy that covers any wrong-doing on the part of their employees.
As a first step, I would contact both the venue and the company putting on the event. Find out what (if any) insurance was in place at the time and do not accept “no” or tolerate the run around as this is a common tactic.
Stick to your request that you need insurance information and you will likely get it.
Once you obtain what you need in the way of insurance, submit a claim to BOTH providers explaining in detail what occurred.
Be advised that without medical expenses, these types of claims will settle for nuisance value or a nominal amount.
If you daughter has nerve damage or the finger is permanently disfigured, please have her seek the appropriate medical attention.
It will help her over-all prognosis as well as your case.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
How Much is Your Injury Claim Worth?
Find out now with a FREE case review from an attorney…
Search for a Previously Answered Question