Carnival Injury Caused by Rock Wall Safety Cable Failure | DENENA | POINTS
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$3.5 MSettlement

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$1,166,666.00 Attorney’s Fees
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$417,166 Attorney’s Fees
$26,696.06 Case Expenses

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Man suffers severe neck disc injury, requires surgery
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Carnival Injury Caused by Rock Wall Safety Cable Failure

Facts and Allegations

A woman took her four children to a carnival, unsuspecting that her and her oldest son’s lives would be forever changed.  After the seven-year-old boy begged his mother to let him climb the rock-climbing wall for more than thirty minutes, she finally gave in and let him.

As the operator of the mobile rock climbing wall fitted the harness around the boy’s waist and clipped the auto belay safety cable to the harness, the mother stood there nervously, waiting for her son to climb the wall and finish so that she could relax.  As he started his climb, the mother watched nervously and secretly prayed for his safety.  The boy scaled the wall with ease, making it to the top in about a minute.

As he climbed, the operator encouraged him and told him he was doing well.  When the young boy got to the top and pushed the buzzer to signify a successful climb, the operator told him to “just let go.”  The boy did as he was told.  The auto belay safety cable was supposed to slowly lower him to the ground like a feather.  Instead, the mother watched in horror as he plummeted to the ground like a seventy-pound rock.  He landed on the ground on his feet, just out of reach of his mother’s outstretched arms.  Still attached to the “safety cable,” he was partially standing and partially lying down as his mother grabbed him.

Denena Points brought suit against the owner and operator of the rock wall and discovered that the auto belay safety cable had malfunctioned several times before the boy’s fall.  The operator of the rock wall can be heard on a video of the event encouraging him to keep going, despite the fact that it should have been obvious that there was a problem with the safety cable.

Damages

The attorneys at Denena Points vigorously prosecuted the case on behalf of the mother and her young son and were able to negotiate a very favorable settlement that ensures the boy will have access to quality medical care for the foreseeable future.

Result

  • Settlement Amount: $1,251,500
  • Less Attorney Fees: $417,166
  • Less Case Expenses: $26,696.06
  • Less Subrogation and Liens: $52,378.15
  • Net to Clients: $755,259