My daughter slipped and fell at a water park. She is 14 years old and broke her two front teeth. She's had a root canal on one tooth and will soon have another root canal on the other tooth.
The medical providers' treatment plan is to bond and fill the teeth and use crowns or temporary crowns. Then, when she is 17 years old they can go ahead and place an implant. This is just the basics of her dental injury outside of all the pain and suffering.
Does the water park have to pay for all this dental work? Is there anything I can do? Thanks.
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ANSWER for "Two Broken Teeth From Slipping at a Water Park...":
Christy (Hawaii, USA):
If your daughter broke her two front teeth and the root canals are a direct and necessary result of her injury you may have a claim against the water park's owners and management. You will need some evidence of negligence. For instance if the slide was broken or some part of the water park was in disrepair and caused your daughter to fall, you will then most likely have a legitimate claim.
Hopefully at or about the time of the injury you reported the incident to the park's management or owners. If so there must be some form of an "Incident Report". If you don't have a copy of it you can ask them. Unfortunately if the water park is privately owned you don't have the right to have a copy. If the private owners or management refuse to give you a copy the only way you could possibly get it is through "Discovery" in a lawsuit.
If the park is owned or managed by the city or state you have a right to a copy if you request one. If necessary you can cite your Freedom of Information right to see the report. If an Incident Report wasn't made or you failed to contact someone in authority at the time of the accident you may have a difficult time securing proof of negligence. Without an Incident Report or witnesses they may contend your daughter was injured elsewhere.
Find out who owns the water park. You can do so simply by asking the manager for the name and telephone number of the corporate office. If that doesn't work you can go online to see if you can find some contact information about the water park's ownership or management.
When you have that information call them. Tell them what happened and ask to have your daughter's claim handled by their insurance company. If they cooperate they may have someone from their company, or the insurance company contact you. From there they may agree to pay for the dental work.
If the water park is owned by the city contact the City Manager's Office. If the city doesn't have a city manager then ask someone in authority there to tell you where to file a "Tort Claim" against the city. They should supply you with a form. Make sure you act quickly as there may be a time limit for filing a tort claim.
If you have proof of negligence and have the cooperation of the owner's or management's insurance company you should ask for reimbursement for the following:
A. Your daughter's dental bills;
B. Your out of pocket expenses such as prescription or over the counter medications your daughter needed and may need in the future as a result of her injuries;
C. Any wages you lost when you took your daughter to the dentist;
D. An additional amount for you daughter's pain and suffering.
If you don't get the cooperation you need you can consider filing a lawsuit.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.