Ottawa Theme Park Hit with Back and Neck Injury Lawsuit

Ottawa, ONWhile the cold weather puts an obvious damper on certain outdoor activities for those living in the northern states, the coming Christmas and New Years break provides a chance for families in southern states to enjoy water parks and other water-themed pursuits. Unfortunately, sometimes a back and neck injury ruins the fun.

In Canada’s capitol city of Ottawa, Calypso Theme Waterpark (Calypso) is closed for the season: there won’t be any reason to pursue back injury settlements based on a fresh injury, given that the weather is below freezing and what water isn’t drained from the system is in the form of ice. At Calypso, the season runs from June to early September.

However, even in the off-season, the embattled facility is defending itself in a lawsuit brought by a plaintiff seeking $1.25 million in neck injury compensation. As reported by the Ottawa Citizen (9/9/13) and other media outlets, plaintiff Brenda Ferguson alleges she suffered injuries to her neck, shoulder and arm when Ferguson and her husband were tossed from a raft while on one of the Calypso’s water-themed rides in September 2011.

According to the lawsuit, brought with help from Ferguson’s neck injury lawyer, Ferguson claims to have been injured while on the “Steamer” ride at Calypso (the ride is currently not listed on Calypso’s website). According to the Citizen, the ride has contributed to some 20 charges against the park issued by regulators under the Technical Standards and Safety Act (TSSA).

Other charges under the Act have been laid in relation to Pirates Aquaplay and the Bobsleigh rides, with regard to incidents that date back to 2011 and 2012, according to the Citizen. The Bobsleigh is also, currently, not listed on the site’s list of attractions.

Ferguson’s back and neck injury lawsuit alleges that the plaintiff and her husband were on a raft on the Steamer water slide, when the raft failed to properly enter an opening to a tube that led to a shallow pool. This failure to negotiate the opening properly left the raft, for all intents and purposes, stuck and stationary at the base of the slide until a burst of water impacted the raft and pushed the occupants backwards. Hitting the side of the tube hard due to the force of the water, both occupants were thrown from the raft and slid down the tube to the shallow pool at the bottom.

The plaintiff, states the back and neck injury lawsuit, “was in so much pain that she had to be assisted from the pool by her husband. She could not walk on her own.”

Among the statements of claim in her neck injury compensation lawsuit: at no time were there any cautionary statements given to the riders prior to embarking on the ride. Ferguson is a 54-year-old mother of two. She filed her statement of claim August 30.

Other plaintiffs filing a neck and back injury compensation claim against the facility have pushed the liability to a combined $3.8 million in damages. Allegations have yet to be proven in court. The operators stand behind the facility. In July, according to the Ottawa Sun (9/6/13), Calypso owner Guy Drouin said that he is committed to the safety of Calypso patrons. The facility has implanted all recommendations mandated by the TSSA, rides are regularly inspected and staff is well-trained.

Given the harsh Canadian winters, Calypso is shuttered now until next June. However, other water-themed parks in warmer US climates operate year-round. With the pending two-week break from school at the Yuletide, many families take advantage of the opportunity to plan mini-vacations and day trips.

Take care. But also take heed: if you are injured through no fault of your own, you may be faced with medical bills that will require a neck or back injury compensation claim.

A neck injury lawyer or a back injury attorney can assist with this.