Legal News

Appeal in Waterslide Lawsuit Rejected
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Are waterslides inherently dangerous? The New Jersey state court’s Appellate Division seems to think so, as they affirmed the dismissal of woman’s negligence claims against Six Flags Great Adventure after she injured her foot on a water-based rafting ride.

Lisha Loo Morgan, 48, went on the Big Bambu water ride at Great Adventure in 2009, along with her daughter and granddaughter, who all shared a raft. Riders are instructed to hold onto raft handles and sit cross-legged as the raft goes into a tunnel, down a slide and into a pool of water. Morgan claims that, as the raft left the slide, it became airborne, catching her foot between her own body and the edge of the slide. Morgan claims that she broke a bone in her foot as a result of the incident.

  
What
Where


The New Jersey Law Journal reports that Morgan filed a complaint against Six Flags in 2010, and claimed negligent manufacture, operation and maintenance, violation of the state Product Liability Act, and other causes of action. When her attorneys learned that Six Flags was not the manufacturer of the ride, she and her attorneys refocused their claim on the park’s failure to warn riders of the dangers of the slide.

Following discovery over the claim, attorneys for Six Flags moved for summary judgment on account of the fact that Morgan failed to make out a negligence claim. This motion was granted in 2011, as Ocean County Superior Court Judge Rochelle Gizinski found that Six Flags was excluded from liability because it only sells licenses for admissions to its premises. The failure-to-warn claims were dismissed because Six Flags had no knowledge of the fact that she could be hurt nor did they actively cause injury. Perhaps these claims could have been proven, but since they did not fall under the Product Liability Act, they were dismissed.

Morgan’s appeal to the State Supreme court was rejected this week, based on the same reasoning provide by Gizinski. Six Flags attorney Douglas Suplee, of Marshall, Denehey, Warner, Coleman & Goggin, told the New Jersey Law Journal that the case highlights the idea that there are “inherent risks in any amusement ride.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!






 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Mid-level Litigation Attorney

USA-CA-San Francisco

San Francisco office is seeking a mid-level litigation attorney with experience taking/defending dep...

Apply Now

Trust and Estate Attorney

USA-NY-New York City

Boutique trust and estate firm is seeking an attorney with 7+ years of experience. Candidate should ...

Apply Now

Mid-level Litigation Attorney

USA-CA-San Francisco

San Francisco office is seeking a support attorney with some experience/familiarity with a litigatio...

Apply Now

In House Counsel with Transactional Energy Experience

USA-NY-New York City

New York City company is seeking an in house counsel with knowledge of the oil / energy industry. Ca...

Apply Now

RELEVANT JOBS

Litigation Attorney

USA-CA-San Francisco

LEXINSIGHT LITIGATION ATTORNEY San Francisco, CA   Trained by top legal recruiters...

Apply now

Litigation Attorney

USA-CA-Los Angeles

LEXINSIGHT LITIGATION ATTORNEY Los Angeles, CA   Trained by top legal recruiters a...

Apply now

Litigation Attorney

USA-IL-Chicago

LEXINSIGHT LITIGATION ATTORNEY Chicago, IL    Trained by top legal recruiters...

Apply now

Litigation Attorney

USA-DC-Washington

LEXINSIGHT LITIGATION ATTORNEY Washington DC Trained by top legal recruiters and talent, L...

Apply now

SEARCH IN ARCHIVE

To Top