Author Topic: Lawsuit filed in regards to injury on Giant Barn Swing  (Read 7260 times)

biscuitcreek

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Lawsuit filed in regards to injury on Giant Barn Swing
« on: November 04, 2015, 06:01:54 AM »
A man from Republic MO has filed a lawsuit saying he was injured when he was locked into the Giant Barn Swing. Allegedly the bar crushed his left testicle and as a result of the injury, his left testicle had to be amputated. Incident supposedly took place in April but the park has no record of the accident.

More details in this article from Branson Tri-Lakes:

http://bransontrilakesnews.com/news_free/article_16475d00-8263-11e5-ad5b-2308aad0e5d0.html

If you were severely injured on a ride, wouldn't you immediately let an employee know?

mhguy77

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Re: Lawsuit filed in regards to injury on Giant Barn Swing
« Reply #1 on: November 04, 2015, 06:47:41 AM »
Ahhem, Notice to all you lades out there (because I think the men already know).  I don't think the bar could crush your testicle in the first place BUT, if it did I dont think it would go unnoticed.  If
you were to crush a mans testicle he cant just "deal with it" or " shake it off" and walk out of the park.  I believe he would collapse right there on the ride.  This also would have to be done at the beginning of the ride meaning this dude just rode the ride with a crushed testicle under no protest and when it stopped he jumped off and walked away normally without anyone noticing there was something wrong? Bull$hit!  No way.  I don't think you could walk out of the park in that condition unassisted.
« Last Edit: November 04, 2015, 07:06:45 AM by mhguy77 »

Joy

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Re: Lawsuit filed in regards to injury on Giant Barn Swing
« Reply #2 on: November 04, 2015, 10:07:07 AM »
Yeah, I can't imagine having something that painful happen and not immediately yell out before the ride even starts. Very highly suspect.

Citydweller84

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Re: Lawsuit filed in regards to injury on Giant Barn Swing
« Reply #3 on: November 04, 2015, 10:25:29 AM »
Just another lame attempt at a money grab for someone who thinks a company will just cave in. Speaking as a guy, if my testicle got crushed in the manner described, there would've been an instant reaction. It hurts bad enough when you get accidentally tapped in that region.

sanddunerider

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Re: Lawsuit filed in regards to injury on Giant Barn Swing
« Reply #4 on: November 04, 2015, 10:53:34 AM »
 :o :o :o :o :o really? lawsuit now?

 ::) ::) ::) ::) ::).   Maybe he could just now walk to the attorney office.....

Swoosh

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Re: Lawsuit filed in regards to injury on Giant Barn Swing
« Reply #5 on: November 04, 2015, 12:08:14 PM »
Did he just sit down on the "hump" too hard?
I'm in the same camp that thinks he would have passed out right there.
SWOOSH

Gilligan

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Re: Lawsuit filed in regards to injury on Giant Barn Swing
« Reply #6 on: November 04, 2015, 12:35:47 PM »
Did he just sit down on the "hump" too hard?
I'm in the same camp that thinks he would have passed out right there.

LOL! (sorry, couldn't help myself).   He states that the ride operator put the bar down too hard crushing his family jewel and, furthermore, causing the need for amputation. 

shavethewhales

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Re: Lawsuit filed in regards to injury on Giant Barn Swing
« Reply #7 on: November 04, 2015, 01:00:52 PM »
This will probably get thrown out before it gets to court, but the bad publicity for those who don't look past the headline is super annoying.

Its either some unhinged idiot looking for a payday, or someone who got an injury to their twig and berries and needs a way to pay for their medical expenses. I'd think if it was the latter they'd come up with something more convincing, but then again it's tough to find someone to blame for that kind of injury that could be sued so easily. They're probably thinking they can get a settlement in any case.

mhguy77

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Re: Lawsuit filed in regards to injury on Giant Barn Swing
« Reply #8 on: November 04, 2015, 06:59:02 PM »
There is just no reasonable way he did that and didn't say a word to anyone until after he left the park.  Not possible at all.......falling to the ground rolling around with your hands on your crotch moaning like death is near...........absolutely.    Riding the great swing and quietly exiting the park? not possible.

shavethewhales

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Re: Lawsuit filed in regards to injury on Giant Barn Swing
« Reply #9 on: November 05, 2015, 12:27:52 PM »
The information on this case has been updated: http://www.ky3.com/news/local/boy-family-seek-2-million-from-silver-dollar-city-for-injury-on-ride/21048998_36261982

So now it's actually a kid instead of some random guy. Doesn't change much regarding my suspicions. I still would bet that he hurt himself somehow, then came up with the TGS story to cover.

It seems odd to me how they're going after the attendant so hard for assault and battery, making it sound like he just goes around purposefully trying to injure people with the restraints. I'm sure it's a legal strategy.

sanddunerider

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Re: Lawsuit filed in regards to injury on Giant Barn Swing
« Reply #10 on: November 05, 2015, 12:33:02 PM »
Shave I am sure they realize the company "SDC" will be very hard to get money out of this claim.....  But probably think they can bluff their way with an individual..
I hope SDC represents the employee also, otherwise he could get hit hard....


Tmboote

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Re: Lawsuit filed in regards to injury on Giant Barn Swing
« Reply #11 on: November 05, 2015, 04:19:52 PM »
"Without warning, (the worker) negligently slammed the lap bar shut between the legs of (the boy), crushing (his) left testicle, and eventually forcing amputation of said testicle,” the lawsuit says."                     

-How can a lap bar be "slammed without warning?" You're on a ride, you should expect them to put the lap bar down.

Also, they say the ride was "poorly designed" and "unreasonably dangerous" to guests without warning. The first one of these rides was installed 11 years ago and since then 15 more have been built. I'm pretty sure it wouldn't take 11 years for them to realize the lap bars are "dangerous".

Gilligan

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Re: Lawsuit filed in regards to injury on Giant Barn Swing
« Reply #12 on: November 05, 2015, 04:34:45 PM »
I read the new info quickly on my phone, but I think it said the boy sat on the ride and pulled the lap bar down over himself. Then the ride operator came by and pushed it down further, thus injuring him. If the lap bar was already down, the operator couldn't have slammed it down. He could push it down further, but no slamming could've taken place. There's no way that kid wouldn't have been screaming with a sudden pain like that.

cowboy

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Re: Lawsuit filed in regards to injury on Giant Barn Swing
« Reply #13 on: November 05, 2015, 08:44:18 PM »
If I remember this ride correctly, you are not allowed to touch the restraints and the operators come and push them down? But there's a big knob that your legs go around......so even if the operator came and pushed down the restraints all the way down, no way would it get close to the nards to cause damage.

Lawsuits and crap are not fun, and quite often you can be sued and it not be your fault at all.......but settlement occurs because it's cheaper. I've had several professional lawsuits brought against me that were not of significant money to not settle. Just to defend myself in these suits it would have been $35,000 to $45,000. If the judge doesn't throw out the case, then you either defend or settle. Since both settlements were $5,000 it was a no brainer on our part. I hated to settle, but business wise it made since to do so.

So unless the judge throws out the case for not having merit, SDC will either spend money defending the case or will settle for a smaller amount. If happens often, maybe SDC has lawyers on staff so the lawsuit expense could be negligible and they fight it all the way through trial. We don't have that luxury of having staff lawyers, so the lawyer expense is always compared to the settlement amount.

Jay

mhguy77

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Re: Lawsuit filed in regards to injury on Giant Barn Swing
« Reply #14 on: November 05, 2015, 09:47:53 PM »
Quote
Quote
If I remember this ride correctly, you are not allowed to touch the restraints and the operators come and push them down? But there's a big knob that your legs go around......so even if the operator came and pushed down the restraints all the way down, no way would it get close to the nards to cause damage.
Love the descriptive term lol .
  I see the company having counsel on retainer.  Referring to the seat the point made about the seat already having a post up front I think is correct.  You are asked to put your hands above your head for them to push down the lap bar.  This communication is very clear from the ride ops.
« Last Edit: November 05, 2015, 09:49:06 PM by mhguy77 »