Archive for injury lawsuit

Was This Theme Park Liable for an Incident Involving a Teenage Girl Injured on a Ride?

A Theme Park owner in Joliet, Illinois is being sued by a riding passenger who was allegedly injured on one of the park’s haunted teacup rides.

Theme park liability can seem like murky legal territory. Indeed, there are many different state statutes and legal jurisdictions as well as federal regulation from the Consumer Product Safety Commission, according to SafeParks, who holds a database of states and agencies.

Frank Sikora is the owner of the Haunted Trails Theme Park in Joliet. The business was passed down by his father. He disputes the claim that his park and the rides within them were responsible for a teenage girl’s injuries, which were sustained while participating in riding them. The girl, according to local media, was ejected from the Bone Shaker ride in the Haunted Trails theme park.

The passenger was Ashley Brouk, of Farmington, Missouri. At the time of the incident, she was 14 years old. A lawsuit filed against Haunted Trails claims that there are no warning signs for the speed of the ride’s cars and no restraint systems. The girl was reportedly hit by another teacup car once ejected from the one she was riding. The lawsuit alleges that the ride’s operator refused to stop the Bone Shaker ride while the situation was taking place. John Kolb is Brouk’s attorney in the case. According to Brouk’s attorney, John Kolb, the girl suffered a variety of ailments including scars on her head on two sides, memory loss, head injury, and migraines.

Residents and the park’s owner agree that the Bone Shaker is wildly popular. It consists of several teacup cars adorned with Skulls, bones, and skeletons. There is a ghost in the center of the ride for decoration. Signs posted, according to reports, read “Ride at your own risk” or require small children younger than 5 years old to be with an adult. Sikora said the ride is safe and many children have ridden the ride over the years and never been injured. He also argued that Brouk was standing up on the ride and told to sit down by an operator. Sikora also said Brouk’s uncle, with her on the ride, said he was at fault for the incident. Sikora also said his insurance company investigated and found the park had no liability.

Kolb argues that an insurance company has a financial interest in the avoidance of liability in the matter, so they are not properly fit to make such a judgment the way a jury could. However, Sikora said there is a witness that saw Brouk standing up and told to sit. Once ejected, Brouk’s stepfather claims he told the operator to stop the ride and the operator refused.

In this case, the facts amount to one or even both party’s honesty about really happened. Did the ride operator refuse to stop the ride? Could he stop the ride and stop it safely? Was Brouk standing and were posted signs at the park sufficient for patrons of the rides to understand appropriate conduct on the ride? Was safety a priority at the park and were safety guidelines clear enough for the average rider to interpret? Kolb said Brouk seeks in excess of $50,000 plus court costs and attorney fees.


Lithium-ion Battery Explodes In Man’s Pocket, Causes Severe Burns. “It was like a flame thrower.”

Daniel Anderson of Derby, Kansas, was working at his job in a warehouse on February 9, 2016, when his pocket containing a lithium-ion battery “suddenly and without warning exploded and caught on fire.”

“Nobody thinks twice about putting a battery in their pocket… that’s the first place it’s going to go,” said Mr. Anderson’s lawyer, Dustin DeVaughn.

According to the lawsuit filed by Mr. DeVaughn, his client bought the battery from Big E’s Vapor Shop on February 6, 2016, to use as a backup for his e-cigarette device. He was carrying the battery in his pocket together with car keys and change when the explosion happened.

“It ignites like a bomb,” Mr. DeVaughn said.

The lawsuit states the cause of the explosion was ‘thermal runaway,’ a destructive phenomenon which occurred after “an external short (on the battery) that resulted from contact with metallic objects.” The battery Mr. Anderson bought from Big E’s Vapor Shop “had no warnings or instructions concerning the risk of explosion or fire if the battery came into contact with conductive objects.”

“There are many other consumers out there that have been very severely injured just like him. Although Daniel was able to get the fire out, he suffered second and third-degree chemical and thermal burns to his left leg from thigh to the shin, and second-degree burns to his fingertips and hands,” said Mr. DeVaughn. In addition to other medical procedures, Mr. Anderson required skin grafts. He was out of work for 16 weeks, losing over $13,000 in wages and incurring medical bills in excess of $109,000.

“The burn to my leg has changed my life. I can no longer physically function the way I used to.” Mr. Anderson is seeking damages in excess of $75,000 from Big E’s Vapor Shop and the battery’s distributor, Oklahoma-based VapeUSA Corp.

According to K.M. Abraham, a pioneer of the Li-ion battery and a professor at Northeastern University, “the failure rate for lithium-ion batteries is less than one in a million.” The FDA recommends keeping loose batteries inside a case to prevent them from coming into contact with metal objects and short-circuiting.

Injury Lawsuit in Lenawee County Will Go To Trial by Jury

Recently, a judge determined that a jury should settle the outcome for an injury lawsuit filed against Ervin industries. The jury will determine whether Ervin Industries should be held responsible for the injuries of an individual, Russell Albertson, who visited its Adrian plant. The visitor slipped on shotgun pellets on the plant floor.

The injury lawsuit is scheduled to go to trial by jury on August 16, 2016.

During the hearing that took place this past Monday before Circuit Judge Margaret M.S. Noe of Lenawee County, the attorney of the company argued that the visitor should be held responsible for failing to ensure his safety. After the hearing, Noe ruled that she could not grant a dismissal due to lack of certainty about the Russell-Albertson-Injured-at-Adrian-Plant-Lawsuit-quotefacts.

Russell Albertson, who was the man injured at the Adrian plant, claims that Ervin Industries should be held responsible for his severe knee injury. Albertson filed the lawsuit against Ervin Industries last year, but he suffered the fall on June 26, 2012. In the lawsuit, he claims that the shotgun pellets, which were manufactured at the Adrian plant, littered the concrete floor. He was on a business trip in the Adrian plant when he was invited to walk across the concrete floor. In the suit, Albertson states that he did not see the shotgun pellets before falling.

Rick Patterson of Auburn Hills, the defense attorney, argues that Albertson was informed of the risk that shot pellets could be on the concrete floors of the plant. Past rulings of the Michigan Supreme Court have determined that property owners do not need to inform visitors of a known risk. Patterson said there is no need to ensure premises are foolproof.

Patterson also argues that Albertson could have chosen not to go into the room of the Adrian plant with the spilled shotgun pellets.

The attorney of Albertson, Stuart Fraser of Mount Clemens, argued that it was not obvious that the floor was littered with shotgun pellets. Tom Howard, the plant manager, testified that he did not remember seeing the shotgun pellets on the floor before Albertson’s fall.

According to Fraser, this case should go to trial by jury, at the very least.