lifeguard falls on water ride patron

[addgo]

I was injured while riding water slide ride. One of the lifeguards was standing in the middle of the slide with his back toward the top of the slide. He had been pushing other riders on down the slide in a congested area. The "jam" had cleared & he was looking downstream when my intertube proceeded toward him. My intertube hit his legs knocking them out from under him & he fell onto my neck & back. I was lying on my back on the intertube when the accident occured. There was a loud crack from my neck as he rolled over me, my neck was pushed to my chest and my back forced forward. Several lifeguards responded by stopping the ride & an on staff EMT evaluated me. I was sent to a local clinic for x-rays. When I got there, I was told that they could not perform x-rays on that day, but that I could drive 20 more minutes to another facility & pay to have them done & then try to get reimbursement from the waterpark as they called the park business office & the office mgr told them she knew nothing about it. I retuned to the park & notified the EMT of this & she stated she had notified the office mgr herself. I elected to wait until I returned from my vacation to see my own doctor. I'm currently receiving care from a MD & chiropractor for a severe neck & upper back strain & sprain. What if any responsibility does the waterpark have?

 

[calalily]

The waterpark should be responsible for payment of your medical bills. Did you get a written report from the EMT? You need some kind of proof if you need to go to court. Did the clinic write a report of at least a physical examination even though xrays were not taken? Are there medical documents and xrays from your doctor and chiropractor that definatively show injury? The fact that you waited to seek medical treatment until after your vacation will work against you in court. How long was the interval from the time you ewere injured until you were treated by your doctors? What state did the injury occur in and what state are you posting from? You probably would have to get a lawyer in the city/town and state where the injury occured if the waterpark refuses to pay for your treatment.

 

[addgo]

I have the 1st aid report written by the EMT that states I was sent for treatment. As stated earlier, when I got to the clinic, they were unable to perform x-rays. It also shows the date the accident occured & results from assessment performed by EMT including "soreness at C-2-C-3 on palpation & tightness to motor at left & down position". It also states that the incident occurred on the Rapid River. I live in TN & the accident occurred in Florida. I saw my chiropractor on Monday AM & my MD on Wed. The accident occurred on Thur. So it was 4 days before I saw the doctor. I am a RN and kept ice on the injury & took anti-inflammatories from the time of the injury. After a few hours had passed I knew that it was not "life-threatening" however I am beginning to realize that it is going to take a while to recover. Not to mention the fact that my 2 sons, ages 8 & 11, were witness to this as one witnessed the accident & the other was in front of me & witnessed the lifeguards immobilizing me after the accident. Although I tried to reassure my very sensitive 11 year old that I was ok from the time of the incident while I was still in the water I saw him watching it all & cying, it was all they have talked about since it happened. He even told my husband that he saw me lying there with my eyes closed & thought to himself that his "life was over". My next question is how do I find a good attorney in that area?