Bourne, MA (July 11, 2018) – A toddler playing at a Cape Cod water park on Tuesday suffered a serious injury. The child, identified as a 2 year old girl, was at a splash pad at Buzzards Bay. The child was going down a slide at the Splash Pad when she suffered an injury causing her to lose a toe, according to the Bourne Police Department. Paramedics rushed the girl to a hospital to receive treatment. The park was closed and the area was cordoned off while the incident was investigated.
A witness, Josephone Bevilacqua, believes that the area where the child was hurt is not safe for guests. Bevilacqua said “as a parent, I can’t understand how rocks and water are safe.” The park is closed indefinitely at this time. It is unclear how exactly the girl lost her toe in in the incident as further details were not immediately available on Tuesday.
Massachusetts Premises Liability Attorney
Negligence is usually the main area of dispute in a Massachusetts premises liability case. An owner has a duty to ensure that a property is free and clear of any obvious injury hazards. The owner also has a legal duty to warn visitors on the premises of a hidden hazard that could also cause injuries.
Not all slip and fall or trip and fall accidents bring liability for the premises owner. Owners cannot be expected to immediately clean up every spill that occurs in a grocery store for example. If a banana peel falls on the floor and a visitor slips on it less than a minute later, the law would not likely find the owner liable in a premises liability case. Also, if the hazard is so open and obvious that any reasonable person could be expected to avoid it easily, then the owner may also not be held responsible. In cases involving children, such as this case, the rules are more lenient and the owner of the premises is expected to exercise additional care to ensure the safety of a child who has less ability to appreciate risk.
Assuming that negligence can be established against the property owner, a Massachusetts premises liability case may then be brought. The owner will be responsible for the typical damages of any other personal injury case, including any medical bills and pain and suffering caused as a result of the accident on their premises.
If you have been injured and you think you may have a claim for premises liability you should immediately consult with an experienced personal injury attorney. At the Jeffrey Glassman Injury Lawyers, we have experienced with premises liability accident cases. For a free consultation call us today at 617-367-2900.
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