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Woman Sues Amusement Park After Fall From Bench


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3/7/2009
Brent Adams
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According to a personal injury suit filed by Darlene Davis, she and some of her family were visiting Hot Springs, Arkansas amusement park, Magic Springs, and Crystal Falls last summer. She says that as she was sitting on a bench, a screw popped out, causing her to fall backwards.

Davis claims the fall caused her to suffer serious and permanent injuries, including her back, neck, head, and aggravating preexisting injuries.

Davis filed suit against PARC Magic Springs LLC, doing business as Magic Springs and Crystal Falls in Arkansas’ Garland County Circuit Court on January 23. On February 26, the suit was transferred to the federal court of the Western District of Arkansas, Hot Springs division.

Shortly after the incident occurred, an unidentified witness took a picture of the bench and e-mailed it to a member of Davis’ family.

The suit says that as Davis was filing a report on the incident, maintenance was called and proceeded to repair the bench. She says she complained to the defendant, but the park denied her claim.

The suit alleges negligence on the part of the defendant  for failure to provide a safe premises, placing a defective bench, failure to properly train or supervise employees on inspecting and maintaining benches, failure to exercise ordinary care for safety, failure to warn.

Davis seeks damages for medical care, transportation costs, pain, suffering, and mental anguish.



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