Dell’Osso Family Farms Accident

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October 17, 2019
Edward Smith

Dell’Osso Family Farms Accident

An accident at Dell’Osso Family Farms in Lathrop involving 10 children happened on October 15 at about 12:50 in the afternoon. According to reports from the scene, the children were standing on a large bench swing when it tipped over, causing some of the children to fall. The emergency responders were called as a precautionary measure. The children appeared to be unhurt in the accident. Other cases do not end as well, and often serious injuries and fatalities occur on amusement rides. Let’s take a look at the responsibility the owners of an amusement facility have to those who visit.

Amusement Park Accidents

Any accident at an amusement facility is required to be reported to regulatory authorities. The Consumer Products Safety Commission tracks such accidents. Some of the reasons accidents happen are:

  • The visitor is negligent and causes the accident. This can be due to the visitor’s refusal to follow safety instructions as given to them.
  • Negligence by ride operators can cause an accident.
  • Poor ride maintenance can be responsible for an injury. 
  • Failure by the ride owner to provide clear safety instructions is considered negligence. 
  • Other accidents that are not caused by either the owner or the visitor can happen. This can be an act of God, such as lightning or slipping for no reason.

How Many Children Are Hurt Annually?

Approximately 4,400 children are injured each year in amusement facilities. About 66 of those injured require hospitalization. Over the decade between 1990 and 2000, children transported to emergency rooms after an injury at an amusement facility were grouped as follows:

  • 34 percent of the injuries occurred in places with permanent rides.
  • 29 percent occurred at temporary facilities.
  • The remaining 25 percent were not at a permanent or temporary ride facility.

Injuries Suffered in Amusement Facilities

The injuries that are commonly involved in an amusement facility accident involve the:

Overall, girls were injured most often. The reason for the injury is frequently due to poor padding or improper restraints. Usually, falling from the ride happens most often.

Lack of Supervision Can Lead to an Accident

It is mandatory for amusement facilities to have an adult available to supervise all activities. This means explaining to children or other adults what they should do once they board or use the equipment. The operator/supervisor should remain present until the children depart the apparatus, focusing on the participants’ safety. At no time should a supervisor allow anyone to perform any act that could lead to harm. If the operator, and hence the facility, permits this, both would be considered negligent and responsible for any damages.

Liability in an Amusement Facility Accident

When someone is injured in an amusement facility, any claim addresses premises liability. The owner of the facility is required to do everything in their power to ensure safety with foreseeable use. This means that the injury was not caused by an errant act that would be unforeseeable. The owner is mandated to provide adequate padding and restraints and to offer clear instructions to the user. In the event the user fails to follow those instructions, the owner would not be considered to violate their duty of care, and there would be no negligence. For instance, suppose the operator instructs someone to remain seated during the ride, and they ignore that, then the operator’s obligation would have been fulfilled. 

Maintenance of All Equipment

The owner is also required to maintain all equipment to keep injuries from happening. If that is done and the equipment does not function as it should, then they would not be considered negligent. Of course, maintenance must be done according to the requirement of the equipment’s manufacturer. Equipment such as swings are under state requirements to be stable and positioned in such a way as to allow proper clearance when it is used. Finally, if the equipment is defective, a claim can be made against the manufacturer.

What an Attorney Can Do

At our firm, we send our investigators to the scene of the accident. They determine why the accident happened and who was liable. They use an evidence-based approach and review company manuals for proper protocol that is followed. In addition, they may check to see if the equipment has been reported as unsafe by authorities. Once this data is available, they provide it to our lawyers who use it to build a strong case for our client.

Lathrop Personal Injury Lawyer

I’m Ed Smith, a Lathrop personal injury lawyer. If you or a loved one is injured at an amusement facility, you have the right to be compensated for damages. Just call me at (209) 227-1931 or at (800) 404-5400 for free and friendly advice. You can also reach out to me online.

I’ve helped residents of Lathrop since 1982 with all types of car accidents, brain injuries, dog bites, and wrongful deaths.

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