kidcoaster 2 Posted March 6, 2009 Share Posted March 6, 2009 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 More sharing options...
hyyyper Posted March 6, 2009 Share Posted March 6, 2009 Can't we just copy&paste the last topic about a themepark lawsuit into here. It would certainly save us a lot of time discussing this one. Link to comment Share on other sites More sharing options...
cfc Posted March 6, 2009 Share Posted March 6, 2009 ^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 More sharing options...
Devious Posted March 6, 2009 Share Posted March 6, 2009 Looks like "Bench - The Ride" Just had it's first major breakdown Link to comment Share on other sites More sharing options...
ebl Posted March 6, 2009 Share Posted March 6, 2009 So now we know the truth: Bench---The Ride is a launched ride... Eric Link to comment Share on other sites More sharing options...
Sir Clinksalot Posted March 6, 2009 Share Posted March 6, 2009 ^ Nice!!! Link to comment Share on other sites More sharing options...
mcjaco Posted March 6, 2009 Share Posted March 6, 2009 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 More sharing options...
Emiroo Posted March 6, 2009 Share Posted March 6, 2009 I don't know why she's suing. After all, she got the exceptionally rare Bench:TR rollback credit! Link to comment Share on other sites More sharing options...
SuperMikeo Posted March 6, 2009 Share Posted March 6, 2009 Bench: The Ride IS officially the only inverted, wooden drop ride in existence. It even features a Vekoma style flying transition. It just never leaves the station. Awesome. -Mike Link to comment Share on other sites More sharing options...
DBru Posted March 6, 2009 Share Posted March 6, 2009 I would like to see this picture of said 'bench'. Link to comment Share on other sites More sharing options...
Carnage Posted March 6, 2009 Share Posted March 6, 2009 I'd like to see a picture of the woman. Link to comment Share on other sites More sharing options...
SFGAm Shock Wave Posted March 6, 2009 Share Posted March 6, 2009 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 More sharing options...
coasterdude5 Posted March 6, 2009 Share Posted March 6, 2009 Well considering what state we're talking about, I'm not surprised the bench gave way. Link to comment Share on other sites More sharing options...
Airtime&Gravity Posted March 7, 2009 Share Posted March 7, 2009 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 More sharing options...
Skramp Posted March 7, 2009 Share Posted March 7, 2009 ^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 More sharing options...
ebl Posted March 7, 2009 Share Posted March 7, 2009 ^^ 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 More sharing options...
astroworldfan1 Posted March 7, 2009 Share Posted March 7, 2009 ^ That's not her. Robb posted that picture in the Speed thread. Is the economy really that bad to where your willing to make yourself look and sound like a complete idiot just to try to get money? -Tatum Link to comment Share on other sites More sharing options...
Airtime&Gravity Posted March 7, 2009 Share Posted March 7, 2009 ^, ^^ , 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 More sharing options...
ebl Posted March 7, 2009 Share Posted March 7, 2009 "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 More sharing options...
DiSab Posted March 7, 2009 Share Posted March 7, 2009 Hmm, sounds like they need to work a few more kinks out of Bench: The Ride before they mass-produce it for other parks. Link to comment Share on other sites More sharing options...
astroworldfan1 Posted March 7, 2009 Share Posted March 7, 2009 It looks like Bench: The Ride will now be retrofitted with OTSRs. -Tatum Link to comment Share on other sites More sharing options...
AllenA07 Posted March 7, 2009 Share Posted March 7, 2009 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 More sharing options...
printersdevil78 Posted March 7, 2009 Share Posted March 7, 2009 I would like to see this picture of said 'bench'. Agreed. Until I have photographic evidence, I will consider it an alleged bench at best. Link to comment Share on other sites More sharing options...
TheRapidsNerd Posted March 7, 2009 Share Posted March 7, 2009 Is the bench ok? Link to comment Share on other sites More sharing options...
printersdevil78 Posted March 7, 2009 Share Posted March 7, 2009 ^No. It's countersuing for mental duress. Link to comment Share on other sites More sharing options...
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