Legal Question in Personal Injury in Texas

If I get an MRI that shows new damage to my neck (I already had whiplash from over 30 years ago, but it wasn't hurting) can I file a p.i. claim against an amusement park? I got injured on a ride, "The Orbiter" because of the excessive force, speed and duration. It was like the operator wouldn't slow it down or let me and my 3 friends off- they were very frightened as well and we are all adults and were the only ones on the ride.


Asked on 9/09/14, 6:27 am

1 Answer from Attorneys
Roger Merrill Merrill & Associates

You can always make a claim, but the amusement park owner will likely not pay it. The standard defense for these rides is assumption of the risk. I expect that the ride may have had some sort of warning posted regarding possible harm. There also may be an issue re a waiver of liability usually found on the back of a park ticket . Ask your doctor whether the damage to your neck was probably caused by the ride or not. Disc bulges and herniations can arise in a number of ways and it may be possible that you had the condition before the ride and that the ride caused it to become symptomatic. You should talk to another personal injury lawyer to get another opinion.

Read more
Answered on 9/09/14, 7:36 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Texas