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Woman Falls Off Bench, Sues Magic Springs Park

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I just can't see how falling off of a bench can cause so much damage that you would need to sue. How high was that bench! I can see getting a bruise on your bum or ego, but mental anguish. I think someone may be over reacting.

But, I don't know the full story, so who knows.

The plaintiff argues the defendant also failed to warn her of the dangerous condition presented by the park bench and that she could not have discovered or protected herself against that danger.

Next we'll be seeing warning signs on benches: "WARNING: Screws have been known to pop out of their own accord. PLEASE SIT AT YOUR OWN RISK!" <_<

What I`d like to know, is how does a screw pop out causing her to fall backwards? If she was sitting on the bench properly, and if it had a back rest, there is no way she could have fallen backwards. Furthermore, I highly doubt that if a screw did come out, that it would have enough force to throw her off the bench and cause all the injuries she stated. The whole thing seems a little fishy to me. Seems like someone is out to make a quick buck.

And I agree. Next thing you know, there will be warning signs placed on all wooden benches warning of all the hazards. Some of the things that people sue over are incredible. And these are just the ones that are vented to the public, there are likely scores of more lawsuits for amusement parks that never reach the media.

It all reminds me of 3 mil for an older woman holding McDonald's coffee in her lower regions. I sometimes still chuckle when I see warning signs that coffee may be hot. I thought that was the idea of a hot drink, everyone I know who has burned their mouth on coffee feels like a fool for not being more patient or careful. None have sued Mr. Coffee to my knowledge.

It's not just that people sue over everything, but it's the judges who are actually willing to hear such cases and juries who award ridiculous sums of money for the plaintiffs being boneheads.

Yes. One big, fat Patrick Stewart to anyone who files a frivolous lawsuit, and one big, hairy Jonathan Frakes to anyone who actually wins! :lol:

Perhaps she needs the settlement money for liposuction.

iChase, just sayin'...

Yeah this is a load of crap, anyone remember when the lady sued SFKK for breaking her Hip on a ride a complained about it 1 year later?

Perhaps she needs the settlement money for liposuction.

iChase, just sayin'...

Maybe Magic Springs should pull a Disney and make the benches larger to accommodate the, um...."growing" needs of park guests these days....

I just can't see how falling off of a bench can cause so much damage that you would need to sue. How high was that bench! I can see getting a bruise on your bum or ego, but mental anguish. I think someone may be over reacting.

But, I don't know the full story, so who knows.

Yah some people can be really emo about little things. It's really sad people will sue for anything now a days. Our world is all screwed up.

Perhaps she needs the settlement money for liposuction.

iChase, just sayin'...

Maybe Magic Springs should pull a Disney and make the benches larger to accommodate the, um...."growing" needs of park guests these days....

Yah now a days there seems to be more people suing for little things.

It all reminds me of 3 mil for an older woman holding McDonald's coffee in her lower regions. I sometimes still chuckle when I see warning signs that coffee may be hot. I thought that was the idea of a hot drink, everyone I know who has burned their mouth on coffee feels like a fool for not being more patient or careful. None have sued Mr. Coffee to my knowledge.

yah I always love to laugh at the stupid warnings posted. I mean most of them are common sense

  • Author

Our world has always been what some see as all screwed up. Take comfort that in this case the park won, as it appears it should have. It is not always thus. The reverse is also true. Those injured due to the negligence of others normally recover and win any litigation. Some don't live, and some heirs or the injured do not collect when they should have. The system is not perfect. And if you have ideas on how to make it better, or can help make it better, there are many opportunities to do so, from running for local office to becoming a lawyer, judge, etc., to not trying to get out of jury duty (and not complaining about the judicial system if you do try to get out of it....if all the good people evade jury duty, who is left?)

Our world has always been what some see as all screwed up. Take comfort that in this case the park won, as it appears it should have. It is not always thus. The reverse is also true. Those injured due to the negligence of others normally recover and win any litigation. Some don't live, and some heirs or the injured do not collect when they should have. The system is not perfect. And if you have ideas on how to make it better, or can help make it better, there are many opportunities to do so, from running for local office to becoming a lawyer, judge, etc., to not trying to get out of jury duty (and not complaining about the judicial system if you do try to get out of it....if all the good people evade jury duty, who is left?)

Well said. When I served on jury in California I saw people who evaded it just because they were too lazy and didn't want to serve. I enjoyed my time on it, even though I took a large financial hit to do it. And to this day, I am still confident I did the right things and made the right decisions that day.

I would gladly do it again.

its amazing what people will do in this economy just to earn a little money...

Welcome to the world of U.S. litigation aggravation. It's a big business, they can afford to pay out so I never have to work again. Like several other comments, I noticed that nothing factual has been published about the womans size. I find it hard to believe that ONE screw coming out would cause such a catastrophe. Let's all thank the legal profession for their "get rich by personal suit" attitude. Need to include the ambulance chasers in the group. Malpractice insurance for doctors and hospitals is through the roof because of them. Not that I'm saying they don't make mistakes. They are human just like you and me. But multi-million dollar lawsuits because of human judgment? Terrible, terrible, terrible! :(

  • Author

So what do you think would have made the girl at Kentucky Kingdom who lost a foot due to the negligence of the park whole? A dime? Fifty cents?

So what do you think would have made the girl at Kentucky Kingdom who lost a foot due to the negligence of the park whole? A dime? Fifty cents?

She will never be "whole" again....

Sorry for the bad pun, I really do feel bad for her!

  • Author

And that is exactly my point. There is no such thing as adequate compensation in such a case. The frivolous cases make a mockery of the entire system, but who is to say what is frivolous and what is not? People's opinions vary.

So what do you think would have made the girl at Kentucky Kingdom who lost a foot due to the negligence of the park whole? A dime? Fifty cents?

She will never be "whole" again....

Sorry for the bad pun, I really do feel bad for her!

No, the park deserved that lawsuit, There is no excuse for that to happen at any Amusement Park.

  • Author

My point exactly. Who decides when a civil lawsuit is deserved? Judges and juries. Not the press. Not defendants, though many times they can make them go away if the case has merit. Not insurance companies, though they can make many of them go away if they settle. Not even me! :)

In theory, at least, lawsuits also cause safety measures to be implemented, other people to behave themselves (that's what punitive damages are supposed to be all about), etc. They were never meant to support a cottage industry of ambulance chasers and expert witnesses. Sometimes I think we were all better off when lawyers could not advertise...though there most would forget that at that time, lawyers all charged the exact same fees, too....from a minimum fee schedule. Lawyers who charged less to anyone other family or a client who absolutely could not afford it risked suspension and/or removal from the profession.

Our world has always been what some see as all screwed up. Take comfort that in this case the park won, as it appears it should have. It is not always thus. The reverse is also true. Those injured due to the negligence of others normally recover and win any litigation. Some don't live, and some heirs or the injured do not collect when they should have. The system is not perfect. And if you have ideas on how to make it better, or can help make it better, there are many opportunities to do so, from running for local office to becoming a lawyer, judge, etc., to not trying to get out of jury duty (and not complaining about the judicial system if you do try to get out of it....if all the good people evade jury duty, who is left?)

Ambulance chasers running ads during Jerry Springer and on morning TV are a huge portion of the problem. I would venture to guess that more than 50% of the injury claims that I settle on a daily basis are not injuries at all.

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