Austin Michael a 22 year old carnival ride operator was killed at the Feast of Mother Cabrini Festival Saturday by a ride called the Scat and operated by Zorlenzan Amusements. Amusement park patrons
riding the Scat did not suffer any injuries as a result of the accident. Mr. Austin was airlifted to Stony Brook University hospital where he was pronounces dead.
Possible Avenues for litigation for the death of Austin Michael:
Below are different avenues of possible lawsuits by the family of Mr. Michael against liable parties.
1. Wrongful Death Lawsuit against operators of the Carnival
A wrongful death lawsuit claims
that the victim was killed because of a negligent by a defendant. A defendant can be an individual, a group of individuals, or a corporate entity. There are specific state statutes which determine who can bring a wrongful death lawsuit.
California CODE OF CIVIL PROCEDURE SECTION 377.60-377.62 states: “A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: (a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession
2. Product Liability – Defective Amusement Park Rides:
Possible claims may e brought up against the manufacturers and operators of defectively designed or manufactured
: Manufacturer defects occur when there is a flaw in the manufacturing method, which caused the product to be different from what the manufacturer originally intended. The product will be considered defective when it is different from its original design, even though care was exercised to avoid this issue.
: A design defect takes into consideration the overall design of the product. Was the product properly designed? Did the manufacturer have more suitable designs which were less likely to cause harm? Did the manufacturer anticipate the use of the product?
Failure to Warn
: Failure to warn occurs when the defendant or manufacturer of the product does not warn of known dangers. If the manufacturer does not adequately warn of a known risk then it can be liable for failure to warn.
If you have any further questions contact our law firm today.