Aquarium Sued After Fall In Pool

[fish_doc]

A suit seeking $20,250 in damages has been filed against the Tennessee Aquarium after a 3-year-old slipped in a wading pool outside.

The suit was filed by the child, Kollin H. Kennedy, and his mother, Amy Kennedy.

It says last Sept. 24, the child visited the Aquarium with his grandfather.

The child was walking in the pool when he slipped and hit his head on a metal sign. The suit says it pierced his ear and caused a knot on his head. It says he also got a rash and suffered severe pain.

The suit, filed by attorney Marvin Berke, says the Aquarium was negligent in having a sharp-edged sign and in having slippery steps at the pool.

http://www.chattanoogan.com/articles/article_92627.asp

[fish_doc]

$20,250 ???
It seems like a very odd amount. I think she has some bills to pay off and is looking for someone else to pay them. Lawyer fee plus credit card or a car.

How about next time if you can't watch the kid dont take him with.

It sounds like a amount that was set because the lawyer knew if it was to high it would get thrown out of court. The smaller amount could just be paid and written off. Lawyer fees and a long trial could eaisly cost more than that.

[Ringo]

People.... do anything wont they?

[CaysE]

Medical bills aren't cheap. And surely we need more of the story than this to make a judgement call.

[fish_doc]

Still, any medical bills aside. People need to stop blaiming others for thier own clumsy ways.

I mean there are times where things are neglected and need to be delt with because they are a saftey hazzard. But most of these lawsuits are because of basic stupid behaviour. I mean it was a 3 year old. They fall even without having obstructions in their path. I think the aquarium should sue the parents for abuse/neglect since the guardian at the time did allow him into the wading pool without water wings or holding on to his hands.

People need to grow up and accept blame for their own actions.

I just read a story online about people on bicycles and how cars drive closer to those wearing helmets than those without. And how your odds of getting hit are greater if you wear a helmet because of this. No that is somthing to sue over.

[rywill]

yea pretty rediculous i have to say

[Zoe]

I'm from Canada where we're far less sue-happy, but it is not responsible to have a sharp sign where children are playing.

I would not sue if that happened to my child (free passes, maybe? ) but I wouldn't necessarily assume that she's doing it -just- for the money.

[fish_doc]

You never know. Maybe the sign said no playing in the pool. LOL

[Gump]

any piece of metal will cut you if you fall hard enough on it. how about pay attention to your kid while its in a pool... wow parenting what a consept.

[Zoe]

Originally Posted by fish_doc

You never know. Maybe the sign said no playing in the pool. LOL

lol that's so funny




Well how hard could a 3 year old have fallen? Parenting is a lot harder than ya might think, it's hard to keep track of your kids every second - they fall easily and they can get hurt easily.

Would I sue over that? No way. Could it happen even with a responsible parent nearby? Definitely. She may well have been paying attention and just could not move fast enough to stop her kid from falling.

Who where didn't fall lots as a kid?

[emc7]

I don't think grampa will get to keep babysitting. I understand the suit though. You ask for triple in the hopes of settling for enough to pay the hospital and the lawyers.

[Puffer Pita]

Speaking as someone who works on both sides of personal injury lawsuits, there's always more to the story than gets reported. Just like the McDonald's coffee lawsuit, there's much more to the story than most people know.

[HybridS130]

Not a true american until you sue somebody ya know. lol

[emc7]

Most businesses don't have medical insurance for customers hurt on their premises, but they do have liability insurance. This mean to get anything, even an apology, the injured must sue.

[mr.dark-saint]

Whatever happend to people who used to put harness on their kids? You'd go to a mall and see this kid running then all of a sudden "WHAM" on their but as the line goes taught. It was funny for me to see and at the same time very good parenting.

I recon being 3 the kid wasn't too sure footed but they still have a soft head. Now if he has the Jean Claude Van Dam "Knot" I'd chalk it up as a life lesson. It's three how high off the ground was it? I wonder if the "tard" I mean kid had to wear one of those bike helmets? Severe pain? Nothing a ice cream couldn't fix. Why not go for Post Traumatic "Aquarium" Syndrome and can't bathe so it stinks. Only if the kid sliped and fell in a desert and the parents blaming the walks being too dry? As Bill Cosby used to say "Have a coke and smile".

[emc7]

I'm not arguing the bad parenting, but once a kid is hurt, the hospital bill can be bigger than college tuition.

[fish_doc]

Update

Lawsuit Against The Aquarium Is Dropped
posted September 15, 2006

A woman who brought a lawsuit against the Tennessee Aquarium after her child was injured outside in a wading pool said she is dropping the suit.

She said the city has agreed to make safety improvements and round the edges of the signs.

Amy Kennedy said she brought the Circuit Court suit "as a Chattanooga mom who prompted officials to make changes to make this area a safer place for children."

She said, "In September of 2005, my son was splashing in the designated play area on the Aquarium Riverfront steps. He slid, and his earlobe was sliced in two on a metal plaque.

"I contacted the Tennessee Aquarium two days later, left two messages, and did not receive a return phone call. I did not know at that point that the property belonged to the city of Chattanooga.

"A formal complaint was filed with a local lawyer in an effort to make the area safer for the children who live in our community. The contingency that was not talked about on the news is that if the Tennessee Aquarium will round the edges of these razor-sharp plaques, the lawsuit will be dropped. That should prevent further injury to children, and my goal will have been accomplished. I feel that any place where children play should be governed by the same safety rules that childcare facilities are.

"I am a child advocate, and I simply want this area to be a safer place for all children.

"I am not litigious, and I am not seeking, nor do I need monetary gain or even reimbursement for my child's medical bills. I think the Tennessee Aquarium is a wonderful place in our community.

"I simply want them to make provisions to prevent future injury to our children."

http://www.chattanoogan.com/articles/article_92865.asp

I like how they said they were razor sharp plaques. The first story said metal sign. Still trying to justify her story even though she backed out.

"I did not know at that point that the property belonged to the city of Chattanooga"

Could that be another reason she backed out. Knowing she was not going to get money out of a city. Who pays the judges checks?

[Puffer Pita]

You'd be surprised how much money you can get out of a city in a lawsuit that has little basis. They'll pay it off because its cheaper than fighting it in many cases. Happens all of the time, everywhere.

[fish_doc]

Well at least the aquarium wont have to pay out money. It seems some of them struggle to get by while ocassionally you get the one with a big generous supporter.

[aaa]

i am glad that she actually drop the suit. people need to learn to watch their kid. yes parenting is hard, but if you can't handle it, don't have a kid. that's why there is plan b out there.