When New York families take a vacation, it is usually to escape the stress of daily life and create fond memories for their children. However, injuries or illness during vacation may only add to parents' stress, and an accident certainly creates memories one would sooner forget. One family's amusement park ride was a terrifying experience, but their efforts to seek compensation for damages were met with frustration and potentially legal malpractice.
The mother and her daughter rode on Six Flags Great Adventure's El Diablo, a looping roller coaster seven stories tall. After the girl buckled herself into the ride, no attendant checked to see if her belt was properly secured. At some point during the ride, the belt became undone, causing the girl to have to cling to the shoulder bar to keep from being ejected as the ride spun and looped, at one point turning the girl completely upside down. When the ride ended, the family alerted the attendant, who examined the belt and shut down the ride.
Because of the serious and permanent injuries the girl suffered, both physical and psychological, the family filed a lawsuit against the amusement park. However, the park's attorney filed a motion to dismiss because the family's attorney apparently missed a crucial deadline for giving notice to Six Flags. Additionally, the opposing counsel claims the family's lawsuit offered no evidence of emotional distress.
Missing deadlines is one of the most common reasons why attorneys face legal malpractice accusations. When an attorney fails to meet appropriate deadlines, a New York court may dismiss the client's case, leaving the victim with no recourse for seeking compensation. In such situations, the victim may find direction from an attorney with experience holding other attorneys accountable for their negligence or unethical behavior.
Source: courierpostonline.com, "Gibbstown family sues over roller coaster ride at Great Adventure", Jim Walsh, Sept. 15, 2017