Nearly two years ago a Palisades park woman suffered a serious knee injury at Sesame Place in Langhorne, Pennsylvania. The suit, filed in Philadelphia’s federal court, seeks to recover damages for the plaintiff’s injury. The suit demands about $150,000 in damages due to plaintiff’s pain and suffering, medical bills, lost wages and other alleged damages.
What do we Know About the Plaintiff’s Injury?
Plaintiffs Hyobin Kim and Ho Young Lee decided to take their young son to the Sesame Place amusement park on July 4, 2012. Apparently they intended to celebrate the 4th in the sun and water with their 18-month-old child.
The family surely rode on many attractions and participated in many activities, but all it takes is one negligent act by the company to ruin a family’s day and potentially cause years of pain and suffering. The Splash Castle can be best described as a multi-level aquatic playground for younger children. Sesame Place’s promotional materials describes the attraction as one that “features 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 the mistake by the park apparently occurred on the Count’s Splash Castle attraction. Kim recalls that she took her son and held him as they both rode down slide. Kim claims that they reached the bottom of the slide without incident, but when she attempted to stand up she slipped. When she slipped and fell, she slammed her knee into a piece of hard plastic or metal that was apparently securing a piece of 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.
Plaintiff claims that the park was negligent in leaving the metal or plastic piece exposed and further the park should have notified guests of the dangerous condition.
What Types of Damages can a Plaintiff Recover?
Plaintiff makes rather legalistic claims in terms of her alleged damages. Her complaint reads “[Plaintiff] 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.” To better understand the types of damages an experienced personal injury attorney may be able to recover for you, let’s translate this statement into plain English.
In personal injury matters, damages can usually be divided into two broad categories: Compensatory damages and punitive damages. Compensatory damages are designed to make an injured individual “whole” by providing monetary damages. These monetary damages can compensate for pain and suffering, loss of wages, doctor bills, hospital bills and other calculable damages. One limitation on the type of compensatory damages that can be recovered is that they may not be speculative in nature. Speculative damages are those damages that are expected, but have yet to occur.
On the other hand, punitive damages are ordered when a judge wants to punish wrong-doers in order to deter similar bad behavior in the future. Because punitive damages are intended to deter, intent to commit a reckless or wanton act is usually required.
If you have been injured at an amusement park like Sesame Place or Six Flags Great Adventure, 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 The Reiff Law Firm by calling (215) 246-9000 or contact us online.