A lady was carelessly pushing her stroller at an amusement park and ran into my husband. As a result, he fell flat on his face on concrete and fractured his skull in 2 places. He was taken by ambulance from the park to the trauma center. Can the park be liable for this mishap? The area was very crowed and strollers were parked in the middle of the pathway causing less room for pedestrians. Please advise.
2 Answers from Attorneys
First , the person pushing the cart would have primary culpability. In order to hold the park liable you have have to figure out what duty of care they really had. They need to ensure the park is safe but wild people in strollers hitting pedestrian without strollers may be a stretch just because they are both pedestrians using the same pathway. My best advice to you it sit down with a personal injury lawyer and discuss all your causes of action. Do not wait. The best thing is that most PI attorneys do it on a contingency basis....
Advice: he could make a claim against the woman for his damages caused by her actions. The issue with that is whether you would be able to collect anything from her. If she has 'nothing', that is what you would get. He possibly might also have a claim against the park for negligence in allowing a 'dangerous condition' if you can prove that to be the situation. If serious about pursuing this, feel free to contact me, I'll be happy to help.