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A day at the fair could turn into a personal injury claim

Everyone knows that Walt Disney World, Epcot Center and the other Disney theme parks are here in Florida. However, the Sunshine State also hosts numerous fairs with rides and attractions that people love to visit. The problem is that some of the rides at the fairs could potentially be personal injury claims waiting to happen.

In fact, one family may exercise its right to file such a claim after a 14-year-old girl at a fair in Florida's capital flew out of a ride. She was found unconscious and with a broken nose and an approximately five inch gash on her forehead. Even though medical personnel cleared her to go home, that does not necessarily mean she is out of the woods.

The ride she was on was a carousel type ride that went much faster. The girl told her mother that she began to slip and could not keep herself from falling out of the ride. The ride is said to have passed a state inspection after the incident and was reopened the following day. The fair's manager reported that this was the first incident of its type on the ride. The girl's mother said that the restraint system was inadequate to protect all riders since it remained in the same position regardless of the size of the rider.

This could become an important point of contention if the family decides to file a personal injury claim in the aftermath of this incident. Fairs, amusement parks and theme parks owe visitors a duty to ensure that the appropriate safety measures are in place. Even if an accident had never occurred in the past, that fact does not necessarily release the fair of legal liability for the accident -- the courts make that decision.

Source: USA Today, "Girl, 14, breaks nose when flung from Florida fair ride", Ryan Dailey, Nov. 6, 2017

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