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by The Stoddard Firm - July 24th, 2023
Anyone who grew up loving water parks probably has at least one memory of being frustrated with the height requirements for certain attractions. There are good reasons why most theme park rides have these restrictions, however, and they’re especially important for water slides.
Unlike rollercoasters, which use heavy cars and sometimes mechanical propulsion systems, water slides rely solely on the rider’s mass to carry them through to the end of the ride. As a result, riders with different body types can have very different experiences on the same slide. In extreme scenarios, this can mean one person making it through the ride as intended, while another gets stuck at the bottom of a loop, or launched off the top of a hill.
Trying to make places like water parks welcoming and accessible to as many people as possible is a wonderful thing, but it should never come at the expense of ride safety. If the rules or the staff of a water park say that it’s okay for someone to enter an attraction, that person has the right to expect that they will be safe there. Sadly, that’s not always true.
At around 5pm this Fourth of July, a 5-year-old boy fell out of an elevated section of the Twist-N-Shout double tube waterslide at the Lake Winnepesaukah Amusement Park in Rossville. One witness described seeing him “fly” out of the slide and lie unconscious on the ground for a few minutes before park staff were able to reach him. Reports estimate that the fall was somewhere between 15 and 20 feet.
Paramedics arrived to find the boy conscious, but with visible scrapes and bruises, and transported him to Children’s Hospital at Erlanger. There have been no public updates since that time, on either the boy’s condition or the cause of the accident.
By July 6th, the slide had reopened with a clean safety inspection from the Georgia Office of Commissioner of Insurance and Safety Fire. Inspectors found no issues with the slide’s tubes, foundation, or safety signage. What exactly did go wrong to cause this accident remains under investigation.
Lake Winnepesaukah Amusement Park places a height minimum of 42 inches on riders for the Twist-N-Shout. There’s no word on whether the boy met this requirement — a healthy 5-year-old could easily land on either side of that height cutoff.
If the park failed to follow its own safety regulations, it could be liable for this boy’s injuries. If not, there may be a fundamental problem with the physics of the ride, making it unsafe for some riders who fit the official guidelines.
It’s no secret that theme parks, like so many businesses, sometimes put profits ahead of safety. Other times, however, a park can do everything right and still end up with accidents.
For example, a park might buy a pre-designed ride with hidden flaws, or pay for third-party maintenance, not knowing that the maintenance company is cutting corners.
The Stoddard Firm has experience uncovering and proving negligence in theme park premises accidents, whether or not that negligence lies with the park itself. If you are the guardian of the boy who was injured at Lake Winnepesaukah, or if you have been harmed by a similar accident, reach out to learn how we can help.
A dedicated, ethical advocate who spent years defending major corporations in serious injury and wrongful death cases before switching sides to fight for families who have lost someone. Known for high-profile wrongful death trials featured on Courtroom View Network, he is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, he works tirelessly to pursue accountability and deliver results for families facing catastrophic loss.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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