Peter Shutters was recently retained by the parents of their 12-year-old son. They had gone to a local water park involving a man-made lake that housed several floating bounce trampolines and slides. The family and others noted the 12-year-old swam gingerly to shore, stood, and as he started removing his life vest, collapsed into the water. He was immediately rescued by bystanders and was non-responsive. This young boy was at death’s door. He was immediately taken to Wolfson’s Children’s Hospital, Jacksonville, where it was discovered that he fractured his neck and sustained an unusual laceration on the side of his head. The surgeon explained that while he was in the water his injuries had not yet had the effect of gravity upon standing, which caused him to collapse. After a lengthy surgery, his life was saved, but his injuries left him unable to use his arms or legs. The family was at a loss and this young man had no recollection of how he was injured. There were no witnesses and no surveillance cameras at this park.
Our office immediately hired a safety expert, and with permission of the water park’s legal department, gained access for the inspection within weeks of the event. While there were many shortcomings at this newly opened water park, we were still not entirely sure how the injury occurred. The report of the expert outlined several safety features and items that were missing and some of those could clearly have been contributing factors.
“Res Ipsa Loquitur”, a Latin term law students learn during torts which means ‘the thing speaks for itself’, kept coming to mind. This theory of liability suggests that these kinds of injuries ordinarily do not happen in the absence of negligence but require that the instrumentality causing the injury be in the exclusive control of the defendant.
The medical bills, future medicals, and past and future pain and suffering, all amounted to catastrophic damages in the millions. There was nothing definitive, legally, supporting this family, nor was there anything equally supportive for the defense. The family understood the likelihood of success was not better than 50/50.
In September of 2024, just months after his injury, and after careful preparation of the medical records, bills, and our expert’s report, the water park tendered its available policies for this young man and his family. In an amazing testimony of perseverance and determination, this young man has worked hard in therapy and has regained use of his upper body, and is able to stand with assistance. His family, his community, and even a star-studded online support network, as well as his personal beliefs, carried him on this road. He has a long way to go, but the aggravation and increased costs of litigation, not to mention time, have been avoided thanks to the water park and its attorneys, making the right pre-suit decisions.
