Appellate Division Weighs In On Water Park Personal Injury Case
In the latest ruling on a case that was first filed in 2008, the Appellate Division of the New York State Supreme Court, Second Department, reversed a lower court ruling dismissing the plaintiff’s personal injury claims. This means that the plaintiff, who was injured in an accident in 2007, may yet have his day in court.
The plaintiff in Mussara v. Mega Funworks, Inc was injured on a waterslide – Pirate’s Plunge – at Splashdown Park in the Hudson River Valley town of Fishkill. After coming down the slide on his inner tube, the plaintiff skidded across the entire length of the 50-foot pool, struck the stairs at the other end, and was ejected from the inner tube onto the concrete, sustaining several injuries.
The plaintiff, who weighed 250 pounds, exceeded the ride’s weight limit of 200 pounds. The defense argued that they were not responsible since the plaintiff 1) chose to ride voluntarily and therefore assumed the risk of the ride; 2) chose to ride even though he far exceeded the weight limit; and 3) failed to follow instructions to slow himself down at the end of the slide.
The plaintiff had sued under 19 or more different causes of action, alleging negligence, strict liability, breach of warranty, products liability and more. The trial court dismissed the entire case, granting summary judgment for the defendant. The Appellate Division reversed and reinstated the plaintiff’s claim for negligence, as well as a claim for loss of consortium on behalf of his wife.
The court held that the plaintiff did not assume the risk of his injury as a matter or law by voluntarily choosing to ride the slide, because what happened to him was not an obvious risk the average person would appreciate as a possible consequence of the ride. Regarding whether or not defendant was negligent and should be held liable, the court felt these matters are appropriate to be decided by a jury at trial. The plaintiff is one step closer to telling his story before a jury and perhaps being compensated for his injuries.
Some defendants will fight as long as they can to keep a case from a jury, arguing every legal point they possibly can. To succeed on your personal injury claim, you need an attorney who knows the law and can argue convincingly before a judge or jury on both the law and facts applicable to case. Contact Leandros A. Vrionedes, P.C. for a free consultation with a New York personal injury lawyer committed to obtaining a successful result on your behalf.
Summary:
In the latest ruling on a case that was first filed in 2008, the Appellate Division of the New York State Supreme Court, Second Department, reversed a lower court ruling dismissing the plaintiff’s personal injury claims. This means that the plaintiff, who was injured in an accident in 2007, may yet have his day in court.
Regarding whether or not defendant was negligent and should be held liable, the court felt these matters are appropriate to be decided by a jury at trial.
