When you go to a baseball game, you do not expect to die.
The day started out just like any other day, but with a hint of excitement in the air, because it was game day. The Cleveland Indians were ready to play ball, and the crowd was loving every moment in anticipation of a great game. And then, the unthinkable happened. A man was hit by a Kids Fun Day inflatable slide, just outside the ballpark. He was taken to hospital with three broken bones in his back, and expected to recover. Nine days later, he was the victim of a deadly pulmonary embolism as a result of the fractures.
The man’s wife chose to file a wrongful death lawsuit against the Cleveland Indians, the ballpark and the company that erected the slide, citing negligence in setting up the slide. National Pastime Sports representatives did not make an appearance in court, which resulted in a default judgment against them for $3.5 million. The Cleveland Indians denied they were liable for the accident that subsequently killed the sports fan outside their park, indicating the slide was the sole responsibility of National Pastime Sports. Ultimately, they did offer to settle with the widow, as it was the right thing to do, and saved the expense of a two week trial.
Evidently, National Pastime Sports did not set the slide up properly, and did not secure it in the proper manner, which caused it to collapse due to the weight of nine kids in a corner of the apparatus. The government department that inspected the slide after the accident also ended up citing the company for operation of the slide in a negligent and unsafe manner.
Would this case have been successful in court? Most definitely. The evidence is persuasive, despite the finger-pointing by those named in the suit as defendants. The bottom line is a man who just wanted to watch the ball game ended up being seriously injured and dying; a major shock to his family. If the slide had been setup correctly and with safety in mind, a family would not be missing its main breadwinner.
Personal injury wrongful death lawsuits can be complex and take a fair length of time to get to court. There are many instances where defendants will settle, rather than go to court and risk a higher jury award. While this is good for the plaintiff, it is not something they can do with the aid of a skilled Atlanta personal injury lawyer. Insurance companies want to reduce their liability, not offer a plaintiff more money. An Atlanta injury lawyer knows how to deal with situations like that on behalf of a client.
Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.