What to do if my daughter was shocked on a amusement park ride?

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What to do if my daughter was shocked on a amusement park ride?

She suffered severe pain to her hands and leg. Also, she was very traumatized from the experience. The first aid office checked her as well as our pediatrician and both saw no permanent damage physically. To see our daughter holding her arms and legs out and crying profusely because she was receiving jolts from the bumper car steering wheel was just so unbelievably terrifying. Even after we reported the incident to the ride operator and their office they still kept the ride going. Do we have right to pursue this further with the amusement park? We did email the Manager of Fire and Safety and we did receive a call from her to discuss but have not her back yet.

Asked on May 20, 2013 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In terms of a lawsuit, you can generally only recover money for 1) out-of-pocket medical or other costs; 2) lost wages  (which would not seem to apply); and 3) "pain and suffering," which generally is some impairment of the enjoyment of life or normal life functions due to physical injury, which impairment lasts at least a moderate length of time. There is very rarely compensation for emotional trauma or being scared, unless there was a deliberate attempt to inflict emotional harm (e.g. stalking or harassment). If your daughter is hopefully ok, and your medical bills were not too high, there would be no point in suing--you'd likely spend more on a lawsuit than you could recover. That doesn't mean that they might not voluntarily offer you compensation if you press them for it, but you have to bear in mind that if your daughter is ok, you may not be able to effectively sue.


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