My stepdaughter was playing at a park located on an amusement park grounds on what is similar to monkey bars (except it has a sliding bar that they hang on when they go across). The next thing I know she is laying on the ground doubled over in pain.
I brought her to the main office and they filed an incident report.
I then took her to the nearest hospital and they determined she broke the biggest bone in her elbow.
She has been in weeks of physical therapy and they determined that she will need to undergo surgery because the bone is not healing as expected.
Now we have an out of network emergency room bill, numerous physical therapy bills, and a surgery bill coming up.
Is the amusement park obligated to pay for these bills?
They have never followed up with us since this happened in September.
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.
The amusement park may be liable. When it comes to personal injury claims there aren’t any “hard and fast “ rules.
Each case is separate and is normally pursue on its own merits.
Certainly there is a question of liability.
Whether the amusement park will cooperate is another matter.
Don’t wait for the amusement park to follow up. Send them a certified letter, return receipt requested. In the letter remind them of the incident and incident report.
You can either enclose copes of your medical bills or notify them your daughter incurred medical bills and you want to speak with someone about reimbursement. If you include the medical bills your daughter will lose her privilege of confidentiality.
Sometimes its best to wait before “showing your hand” so to speak.
What you really want is for someone with authority to work with you toward a settlement of the case.
If you are stonewalled or become frustrated with the attitude or non-cooperation of the amusement park you can always consider contacting a personal injury attorney. Most do not charge any fee for an initial office consultation.
Your daughter’s case seems to be one which a seasoned and experienced personal injury lawyer would probably want to become involved in.
Learn more here: Amusement Parks
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!
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