Updated: Monday, October 24th, 2016
The Palm Beach Post has reported that the ride the child was injured on
at Oktoberfest last week was called the "Jitterbug". It's a
20-seat hydraulic swing ride manufactured by High-Lite Rides, Inc. of Greer, South Carolina. According
to a copy of the owner's manual obtained by the Post, the "Cautions"
"Always make absolutely certain everyone is properly seated and strapped
in before starting the ride".
Further, the manual recommends restricting rides only to those over the
age of 7. According to media reports, the child injured was of "kindergarden
age", likely a few years younger than 7. Combined, these two factors
could create a potential personal injury case for negligence against the
The family of a young child thrown from an amusement park ride at Oktoberfest
in Lantana may have the potential to sue under Florida’s negligence
laws for the child’s injuries.
Media reports say a pre-school aged child was injured after a fall from
a swing ride at the popular annual gathering hosted by the American German
Club in Lantana, Florida. The child was lifted by Trauma Hawk to a local
hospital around 10:30 p.m. Saturday night.
Our lawyers are experienced litigators that handle these kinds of
amusement park injuries. Below is an opinion on how a personal injury lawyer may be able to help
the family pay for things like medical bills, and pain and suffering.
The family could sue the amusement park ride’s owners
Under Florida’s negligence laws, the family of the young child may
be able to file a lawsuit against the owner and operator of the amusement
park ride that the child fell from, which has been reported to be Premium
Shows of America, an Ohio-based company.
According to photos, the ride in question is a swing apparatus which spins
on its axis, lifting the bucket swings into the air, almost parallel to
the ground. These swings should have straps or buckles to hold the rider in place.
If it can be proven that the bucket swing’s straps broke or malfunctioned,
or otherwise didn’t properly secure the small riders, a lawsuit
should be filed to hold the operator accountable for the accident.
Further, the owner of the rides should have detailed instructions for how
to train the operators of the machinery, including the assurance that
each child on the swing is properly and completely restrained for the
duration of the ride.
The family could sue the American German Club in Lantana, FL
Also potentially liable under the negligence laws of Florida could be the
American German Club for a failure to ensure the safety of children who participate in the
various amusement rides on their grounds. It is the club’s job to
ensure that the owners of the rides are operating the rides safely, and
if someone is hurt on the property, the organization that owns the club
may be held liable.
It wouldn’t be the first time the American German Club was sued for
negligence in connection with their various festivals and activities on
site. In 1996, the club was sued in county civil court, and again in 1998
for similar acts of negligence.
The bottom line? The family of this poor young child who was hurt has legal
rights under the laws of Florida. They have the right to hold people and
entities accountable for negligence that lead to the child being ejected
from the swing. We certainly hope the child is OK, and the family is recovering
from this shocking tragedy.
If you or someone you know was injured by an amusement park ride, our lawyers
can help. Call us for a free, confidential consultation today. Do not
wait – statute of limitations laws may apply in a case like this.