11-Year-Old Boy Killed on Water Ride at Amusement Park

 Posted on July 08, 2021 in Wrongful Death

A tragic accident in Iowa has made national news and serves as an important reminder of how vulnerable children are to accidental injury and death at amusement parks, playgrounds, and other recreational locations.

The accident occurred over the Fourth of July holiday weekend at the Raging River ride at Adventureland Park in Altoona, Iowa. The water ride pushes rafts through “faux river rapids” using a conveyor belt. The 11-year-old victim and five other people were on the ride when the raft they were in flipped over. One other child was listed in critical condition and two others suffered minor injuries.

History of Accidents

The ride had just opened for the first time for the summer season the day before the fatal accident following an inspection and approval by the Iowa Division of Labor. The ride has been a popular attraction at the park for almost 40 years; however, this is the second fatal accident in just five years. In 2016, a 68-year-old employee was killed when he fell because the ride suddenly started moving as he was helping riders on and off the rafts. The family of the employee who was killed on the ride later settled a wrongful death lawsuit with the park.

Wrongful Death Lawsuits

Court and OSHA records from throughout the U.S. show multiple personal injury and wrongful death lawsuits by patrons who were seriously injured on park rides and employees who suffered injuries while working on rides over the years. Under the Colorado Wrongful Death Act, when a victim dies as a result of another party’s negligence or recklessness, and that victim could have filed a personal injury lawsuit against that party if they had survived, then their family can file a wrongful death lawsuit against the at-fault party instead.

Damages that can be recovered in a wrongful death lawsuit include economic damages, such as medical expenses, funeral and burial costs, and the loss of the victim’s income. Noneconomic damages that can also be pursued include pain and suffering, emotional anguish, and loss of the victim’s love, companionship, and guidance.

Colorado has specific rules about who can file a wrongful death action. Within the first year of the victim’s death, only their spouse may file suit. Any other heirs may join the spouse’s lawsuit if the spouse grants permission. If the victim had no spouse, then either their heirs or a designated beneficiary can file within the first year. In the second year following the victim’s death, the heirs may file their own lawsuit if they have not joined any legal action the victim’s spouse filed.

If the victim had no spouse and no children, then their parents can file a wrongful death action within two years of the death. There is a statute of limitations of two years to file any legal action by any party.

Contact a Larimer County Personal Injury Attorney Today

The dedicated Fort Collins wrongful death attorneys at Hoggatt Law Office, P.C. know that no amount of money will ever make up for the loss of a loved one. We also understand, however, that wrongful death lawsuits are often the only way a victim’s family will ever obtain any kind of legal justice for that tragic loss. Call our office at 970-225-2190 to schedule a free and confidential consultation and find out how we can help.

Sources:

https://wgntv.com/news/11-year-old-boy-dies-after-raft-flips-over-during-raging-river-ride-in-iowa/

http://cle.cobar.org/tableofcontents/ZWDLHC15B.pdf