What to do if my son’s finger were cut openby protruding metal on an escalator at an amusement/theme park?

We were on an escalator going up but of the side panels was not flushed with the other and so was sticking out a few inches. My 6 year old son was dragging his hands on the panel when his middle and index finger went into the crack between the panels. My daughter saw this as his fingers were stuck yet we kept going up, she pulled his hand out of there before it did any serious damage but my son end up slicing his fingers really bad. We went to first aid and they told us to go to the emergency room where my son ended up getting 21 stitches on his fingers. Is there any thing I can do about this? They just told me to call the claims department and they would take care of everything.

Asked on December 4, 2011 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If it was negligent, or unreasonably careless, to have a protruding side panel on an escalator used regularly by small children at an amusement park--which it may well have been--then the park is potentially liable for:

* Medical costs, both to date and future (e.g. follow-up)

* Lost wages (e.g. if you have to miss work)

* Possibly pain and suffering, especially if there will be any significant time during which your son can't really use his hand, or any lingering scars or disability.

You can certainly do as they suggest and contact the claims department first, to see what, if anything, you are offered. If unhappy with what you are offered, you may wish to consult with a personal injury attorney to explore a lawsuit. Good luck.


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