Following a knee injury that occurred almost 2 years previously, a Palisades Park, New Jersey couple has filed a lawsuit against Sesame Place of Langhorne, Pennsylvania. The suit was filed in federal court in Philadelphia, Pennsylvania. The plaintiff seeks more than $150,000 in damages stemming from her alleged injury on the Splash Castle ride.
How Did the Water Slide Accident Occur?
Plaintiffs Hyobin Kim and Ho Young Lee visited the Sesame Place amusement park on the 4th of July in 2012. They brought their 18-month-old son to the park to enjoy a day in the sun and water. One of the attractions the family rode on was the Count’s Splash Castle. The Splash Castle is essentially a multi-level aquatic jungle gym for young children. Sesame lace’s website describes the attraction as “feature[ing] over ninety play elements (that’s a lot to count!), including a 1,000-gallon 8-ft. tipping bucket, multiple water slides, valves, levers, water curtains, bridges, hydro blasters, bubbler jets, bongos, hose jets, water wheels and much more.”
Unfortunately according to plaintiff’s complaint, the water slide on the Count’s Splash Castle is believed to have caused the serious injury to the plaintiff’s knee. Kim claims that she rode down the waterslide with her infant son. When she reached the bottom of the slide she attempted to stand. However in doing so she slipped and fell. Kim claims that during and due to her fall, she hit or scraped her knee on a piece of metal or hard plastic that secured protective padding. This dangerous condition allegedly sliced plaintiff’s knee leaving a 10cm incision. Plaintiff states that the injury exposed connective tissue in her knee and has required extensive corrective procedures.
What Types of Damages can a Plaintiff Recover?
Plaintiff’s complaint claims “She has suffered and will in the future continue to suffer pain, mental anguish, humiliation, loss of sense of self worth and ‘well being’, the ability to engage in her normal activities and inability to pursue the normal and ordinary pleasures of life.” Let us take a moment to unpack this statement and better understand the types of damages that can be available in a personal injury or premises liability matter.
Generally speaking for a personal injury matter, damages can be divided into two broad categories: Compensatory damages and punitive damages. As its name suggests, compensatory damages are intended to “make you whole” for the damages and injuries you have suffered. Types of compensatory damages can include lost wages, pain and suffering, medical and hospital bills, and any many other calculable damages. Those who are young, with a high earning capacity or those who suffer particularly serious injuries typically receive the greatest amount of compensatory damages. However, losses that are speculative, that is they are expected to occur but have yet to occur, are generally not recoverable.
In contrast, punitive damages are not intended to compensate, but rather to punish wrong-doers and deter similar actions in the future. Punitive damages are generally reserved for situations where wrongful conduct was willful, wanton, or with reckless disregard to human life.
If you have been injured at an amusement park like Sesame Place, an experienced personal injury lawyer can increase your chances of recovering compensation for your injuries. Our attorneys handle each step of the litigation process so that you can focus on your recovery. To schedule a free and confidential consultation contact Reiff & Bily by calling 1-800-861-6708 or contact us online.