Parents of Child Killed in Ferris Wheel Accident Consider Legal Action

July 01, 2011

11-year-old Abiah Jones recently visited Morey's Piers in Wildwood, New Jersey on a school trip. She and other students were being rewarded for having top grades in their class. However, tragedy struck when Jones fell from a ferris wheel gondola and was killed. A preliminary report indicates that she was alone on the gondola seat near the top of the wheel when she fell nearly 160 feet.

According to local police, the ride was in working order with all safety procedures in place, and that it would be impossible for a properly seated patron to fall from the ride unless there was a malfunction. However, no witnesses saw how Jones got out of the gondola, so police could not rule out the possibility that she was not seated properly. Further, the preliminary report concludes that she may have been standing or kneeling on her seat, likely causing her fall.

Jones' parents believe that the accident was preventable, and that other safety measures could have saved their daughter's life. They are considering the legal remedies available to them.

Family members can pursue a wrongful death action when loved ones are lost to wrongful or negligent acts. Spouses, children and other legally recognized representatives may bring suit to recover money damages for burial and medical expenses, loss of consortium (or companionship) from the deceased, as well as lost income from the decedent. The damages awarded are based on the decedent's age, occupation and potential earning capacity, among other factors.

While New Jersey's wrongful death statute does not allow compensation for emotional distress to surviving family members, a separate action for negligent infliction of emotional distress may be brought.

If you have lost a loved one in an accident, an experienced attorney can analyze your case and help you understand your rights and options.

Article provided by Broderick Newmark & Grather PC
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