Scott’s Splash Lagoon, Inc. faces a new slipping on ice personal injury lawsuit in New York federal court.

Plaintiff Randy B. filed the slipping on ice lawsuit in federal court on July 3, 2018.

According to the slipping on ice lawsuit, Randy is a resident of the County of Erie in the State of Pennsylvania. Scott’s Splash Lagoon is also a corporation existing in the State of Pennsylvania.

On March 11, 2017, Randy says he was a guest of Scott’s Splash Lagoon and the Residence Inn during an outing in Pennsylvania. During his stay, he dined in at one of the restaurants on the properties. He says that as he was walking through Residence Inn’s parking lot, he slipped and fell on the ice. As a result, he claims, he suffered injuries and damages.

According to the slipping on ice lawsuit, the properties created a “dangerous and defective condition” by allowing water from Scott’s Splash Lagoon to enter Residence Inn’s parking area. By failing to take care of the ice, Randy fell and suffered those injuries. Additionally, the lawsuit alleges that they failed to warn Randy of the dangerous conditions that resulted in his injuries.

According to the slipping on ice lawsuit, Scott’s Splash Lagoon and Residence Inn “knew, or should have known the dangerous and defective condition existed and continued to exist within said premises.”

The properties acted in negligence, the lawsuit purports, and as a result caused the suffering of damages in the amount of $325,000.

Overview: Personal Injury and Slipping on Ice

If you are injured by another person’s negligence you may be eligible to file a personal injury lawsuit that may result in a personal injury settlement. Persons eligible to file a personal injury lawsuit includes those who have suffered any kind of physical injury or psychological injury. In either case, however, those injuries must have been the result of another person’s or party’s negligence.

According to the law, negligence is “The failure to do an act which a reasonable careful person would do, or the doing of an act which a reasonably careful person would not do, under the same or similar circumstances to protect oneself or others from bodily injury, death, property damage.”

The American Bar Association notes that there are other bases for filing personal injury claims besides negligence. Some of these claims include strict liability and intentional wrongs.

Strict liability is a growing area of importance in tort law. Strict liability holds manufacturers and those that design defective products responsible for causing injuries that may result. Negligence does not have to be established under a theory of strict liability; rather the plaintiff will need to show that “the product was designed or manufactured in a manner that made it unreasonably dangerous when used as intended.”

According to the American Bar Association intentional wrongs, albeit rare, can also be a basis for personal injury. They report that “If someone hits you, for example, even as a practical joke, you may be able to win a suit for battery.”

Cases of personal injury may include the following:

• Catastrophic injury
• Dog bites
• Slip and fall accidents
• Medical malpractice
• Work injury claims
• Car accidents, transportation accidents
• Other types of accidents

The Slipping on Ice Lawsuit is Case No. 1:18-cv-00734-EAW, in the U.S. District Court for the Western District of New York.