The Pennsylvania mother of a child who was severely injured in a tubing accident while on vacation in Georgia has filed a lawsuit against the recreation company.

Plaintiff Sara S. says her daughter Ava was riding on an inflatable tube being pulled by a boat operated by Callaway Gardens Resort in Pine Mountain, Ga. in July of 2016.

Sara alleges Callaway Gardens employees’ negligent and outrageous conduct resulted in her daughter suffering “unimaginable injuries, which include but are not limited to, a fractured right femur necessitating surgery including open reduction and internal fixation, pain management and permanent limitations.”

The tubing accident lawsuit also alleges the employees acted with willful and wanton misconduct because of alleged violations of safety rules, safety practices and safety laws. Callaway Gardens is accused of:

• Operating a speedboat pulling minor children on a tube without a spotter
• Operating a speedboat at a high rate of speed causing an inner tube with a minor child on it to become airborne, severely injuring the child
• Employees continued to drive the boat at high speeds while dragging the severely injured child, causing further injuries
• Knowingly permitting employees to violate safety rules and practices
• Knowingly allowing two adults weight more than 100 pounds each to be pulled at high speeds on an inner tube with a minor child next to them “in reckless disregard for the safety of minors”
• Operating the speedboat with the same reckless disregard for children’s safety

Tubing Accident Injuries Allegedly Permanent

Ava allegedly suffered severe injuries to the bones, muscles, tendons, nerves and tissues that are permanent in nature. Her mother contends Ava has suffered severe pain, anxiety and anguish and that Ava will be unable to secure a job in the future due to the permanent injuries. The physical and mental toll will result in a future detriment to Ava’s financial well-being, as well, alleges her mother.

Sara says that since the tubing accident and returning to Pennsylvania, Ava has been unable to resume her normal daily activities and duties, and will be prevented from doing so “for an indefinite time in the future, all to her great detriment and loss,” says the tubing accident claim.

Sarah says she has incurred medical and caregiving expenses for Ava, all of which may continue in the future.

Callaway Gardens promotes waterskiing, wakeboarding and tubing on Robin Lake. According to the resort’s website, the company’s boats accomodate 10 or 11 guests, a driver, fuel and water-sports equipment. The minimum age to participate is listed as three years old. Photos on the website depict guests holding on to handles of a rubber raft towed by a boat. Each person is in a prone position, holding a set of handles and facing the boat as they are being pulled by the boat. The personal injury lawsuit does not describe the type of apparatus the Pennsylvania girl was on at the time of her tubing accident.

The Tubing Accident Lawsuit is Case No. 2:18-cv-02980-GAM in the U.S. District Court for the Eastern District of Pennsylvania.