2/14/2012
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The effects of tort reforms on U.S. families with serious accident losses
Our amusement ride injury attorneys read of the ongoing struggle of families suffering the aftermath of a deadly miniature train derailment at Cleveland Park in Spartanburg, South Carolina. The train's derailment in March 2011 killed a 6-year-old boy and injured 28 others. One of the injured children suffered a mangled leg and brain injuries from the accident.
The miniature train derailed and crashed into a creek bed during its very first hour of operation when the amusement park season opened at Cleveland Park. An accident investigation concluded that excessive speed of the train and an inspector's falsified amusement ride inspection report, which left the train untested prior to its use during the Spartanburg County amusement park's season, caused the deadly miniature train derailment.
Medical expenses continuer to mount for the multiple families whose loved ones received serious injuries in the crash. Some victims are still undergoing surgeries to repair injuries received in the train wreck. But it seems unlikely that they can expect much in the way of financial compensation for their harm from the state or the county.
The amusement ride injury attorneys at Denena & Points note that South Carolina, like many states, has passed a "tort reform" law to drastically limit the financial compensation that a liable government entity must pay in the event of an accident. South Carolina's 26-year old Tort Claims Act limits financial recoveries to $300,000 per individual or $600,000 per occurrence. The $600,000 cap applies no matter how many people are injured from the accident or how many government entities are liable for the harm. The miniature train derailment at Cleveland Park injured 28 and killed one.
Victims and their families are outraged at the small amount of liability and insurance that the state must bear in the event of such devastating accidents as the Cleveland Park miniature train derailment that harmed so many. The amount is less than many small business owners and trucking companies must carry for accidents likely to be more limited in the scope of the harm they cause.
While most people agree that states, counties, and municipalities need some protection against being bankrupted by major tort claims, most would also agree that protecting the state as the expense of innocent victims among its citizens is not fair. And some state lawmakers have proposed a bill that would allow injured parties to recover the full value of their economic losses from an accident for which the state is liable.
An increasing number of people, including lawmakers, begin to recognize that existing tort reform laws might have gone too far in limiting state liability. The laws' effects on innocent accident victims and their families, like those suffering from the Cleveland Park miniature train derailment, are often draconian.
Our amusement ride injury attorneys applaud the decision to reexamine the reach of tort reform laws and address some of their negative effects on suffering families. If your family has been affected by the expense of an amusement ride injury, and you're wondering how tort reforms and other limits might affect your ability to meet your medical expenses from the accident, contact us for a free legal consultation.
Our long-term experience and practical knowledge regarding the effects of the law on amusement ride injury claims could answer your questions and help you understand your various avenues to financial recovery following the accident. Call our amusement ride injury attorneys toll free at 877-307-9500 or use our online contact form to schedule your free and confidential legal consultation. If you have questions, we have answers.
Category: Amusement Park Injuries
Call on our experienced roller coaster and amusement park accident attorneys if you're suffering because of an accident at a theme park or state fair. We can help you hold park owners and operators accountable for the negligence that harmed you.
1 Comments to "The effects of tort reforms on U.S. families with serious accident losses"
Thank you for blogging about this issue that affects not only residents of South Carolina, but injured individuals across the nation where “tort reform” is indeed having draconian consequences. Families who have suffered tragedies face further injustice when they are left with no legal recourse and unable to hold responsible parties accountable, facing financial devastation due to ongoing medical bills and lost wages.
Posted by McGowan, Hood & Felder, LLC
on April 5, 2012 at 12:44 PM
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