August 6, 2009

Missouri Man Sues Park Over Injuries From Truck Crash Into Spectators

A Joplin man sued The Bunker Extreme D-Day Adventure Park over severe injuries he sustained at a truck and bike rally when an off-road truck drove through a safety barrier and into the audience, the Joplin Globe reported July 31. Joel Fulton was one of five people who were hurt July 25, after the driver of the truck lost control while driving through a mud pit, plowing through a safety barrier and into spectators. The crash also killed Asami Fujita of Guam and injured Tony Rockrohr of Granby; Kevin Wallace of Carl Junction; and Joanne Sweet of Neosho. The newspaper did not specify any of their injuries.

The park is an outdoors-focused park in Wyandotte, OK, offering paintball and off-roading on motorcycles, trucks and ATVs. According to the lawsuit, Fulton planned to participate in the off-road rally. He and others were lined up on top of the safety barrier for a photo at the request of the park’s owner, Dewayne Convirs, when driver Johnny Davis lost control of the truck and crashed into the barrier. In the resulting accident, the lawsuit says, he suffered massive body trauma leading to permanent injuries. He and his wife, Angela Fulton, are suing the park, Convirs and Davis for negligence, including negligence by the park for failing to take sufficient safety precautions and negligent operating of the truck by Davis.

A lot of people believe that parks and other public places wouldn’t be open to the public if they weren’t safe. As a Missouri personal injury attorney, I’m afraid I know otherwise. It’s true that property owners have a legal obligation to prevent foreseeable injuries to people who are on their property legally, including customers and invited guests. If there is a safety hazard, property owners must clear it within a reasonable amount of time or post a warning sign. However, in many cases, property owners fail to meet that legal obligation, due to carelessness or cost-cutting. When this leads to a serious accident, as in this case, victims have the right to hold property owners legally responsible for their injuries with a Missouri personal injury lawsuit.

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June 11, 2009

Women Injured in Collapse of Deck at St. Louis County Home

A couple days ago I saw a story in the St. Louis Post-Dispatch about a wooden deck that collapsed when about 20 women got on it to pose for a picture at a wedding shower. The women fell approximately 10 feet, and nine of them were hurt to varying degrees. The injured were taken to hospitals near Wildwood, where the incident happened -- apparently one of them was even flown in by helicopter. The women's injuries included broken bones, cuts and bruises, and serious internal injuries.

This story is interesting to me as a St. Louis personal injury lawyer, as a possible example of a legal theory called premises liability. Of course, we don’t know from the article, but perhaps they had not properly maintained their deck. Of course, 20 sounds like it may be a lot of people to have on a backyard deck, and it may simply have been overloaded. If it turns out that the homeowner had maintained the deck poorly, or negligently and knowingly allowed too many guests on it, she could be liable in a Missouri premises liability lawsuit.

If you have been injured on someone else’s property and you believe it was caused by that person or organization’s carelessness, you should consult a legal professional who specializes in accidents similar to yours and understands the law. In this case, that would be a Missouri personal injury attorney like me. That lawyer could then help the injured parties find out exactly what their rights are.

Based in St. Louis, The Lowe Law Firm handles personal injury lawsuits for people throughout Missouri and southern Illinois. If you or a loved one has been seriously injured because of someone else’s negligence, our St. Louis personal injury lawyers would like to help. We offer free, confidential consultations, so you can learn more about your rights and your claim with no risk or commitment. To set up an appointment, please contact us online or call toll-free at 1-877-678-3400.