Legal Question in Personal Injury in Oregon
Local Fair Amusement park incident
Our 8 &9 year old sons rode a ride,when the ride reached a 90* angle I was looking up at my 9 year old holding on to the floor bar with the saftey metal harness flapping loose, unsecured,above him. No ride attendant was watching. The ride is secured with a cage only to waist level with open sides.He escaped with bruses a cut lip, but he and myself are tramatized by the incident. After they pulled our son from the floor of the ride, the same seat was fulled and the ride continued on. Do we have any legal action that can be taken against the amusement company?
1 Answer from Attorneys
Re: Local Fair Amusement park incident
You probably do have a claim, at least on behalf of your son. His injuries, however, sound minor from your description, and so the monetary value might not be very high. Even though he MIGHT have been killed, you don't get compensated for what might have happened, only what did happen. On the other hand, it must have been very frightening, and that has some value as well. If he's indeed traumatized, you may wish to get him some counseling. Do we know HOW the security strap became disconnected? You'd need to know some detail in that regard. Who fastened it? Your son, or the attendants? You should consult with a lawyer about these details, because the insurance company for the amusement park will be looking to find ways to blame your son or someone else, if it is at all reasonable to do so.
Note that although the ordinary 2-year statute of limitations for this sort of matter is extended by up to five more years for a minor in Oregon, there have been some arguments recently that as to the out-of-pocket expenses for medical or counseling, since these are the parents' responsibility, then only the two-year statute ought to apply. Most courts disagree with that, but you could get stuck. Also, if this amusement park had anything to do with any state fair or government function, ask a lawyer right away about the 180-day Tort Claim Notice requirement in Oregon.
Best of luck to you!