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ARTICLE ID 193582

$________ PREMISES LIABILITY – HAZARDOUS PREMISES – AMUSEMENT PARK NEGLIGENCE – PLAINTIFF INJURED ON WATER SLIDE AT DEFENDANT AMUSEMENT PARK – DEFENDANT KNEW OF DANGERS FROM WATER SLIDE AND FAILED TO WARN – SEVERE FRACTURE AND DISCLOCATION OF LEFT ANKLE – SURGERY REQUIRED.

Philadelphia County, PA

The plaintiff, in this negligence action case, was enjoying a day at the defendant’s amusement park on Memorial Day weekend in ________. The plaintiff climbed onto a water slide while wearing aqua socks, and proceeded to go down the slide. During the ride, the plaintiff’s left foot contacted the side of the slide, and because the plaintiff was wearing water shoes, the rubber grips on the bottom of the shoe stopped the plaintiff’s foot, while the momentum of the ride carried the plaintiff’s body further down the slide. The force of the body stopping, and yet, moving quickly at the same time, caused a severe break in the plaintiff’s left ankle. The defendant denied being liable, and argued that the plaintiff assumed the risk.

The plaintiff maintained that the defendant was negligent in failing to warn of the dangers of wearing aqua socks on a water slide, causing or permitting a dangerous condition to exist on the premises, and unreasonably exposing the plaintiff to a known dangerous condition.

Consequently, the plaintiff suffered an acute fracture and dislocation of his left ankle, a complete lateral, as well as posterior dislocation of the talus relative to the distal tibia, a complete fracture through the base of the medial malleolus, and a spiral fracture though the distal fibula. The defendant denied all liability, and argued that the plaintiff assumed the risk that caused, or contributed, to the incident.The jury found that the defendant was negligent, and awarded $________ in damages to the plaintiff. The award was then reduced by 32 percent comparative negligence, for an award of $________.

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