Taubman Law files a new lawsuit
I just prepared a lawsuit against Cedar Point which has not been filed yet but because it appears to be a negligence action or a derivative of negligence, there is a two year statute of limitations. What does this mean? This means there is two years from the date of the incident to file this lawsuit.
The facts are that a ride called Snake River malfunctioned and the car was catapulted into a wall. The first theory of liability that comes to mind is negligence which requires that Cedar Point owe a duty to the general public; they breached this duty; that the breach of this duty was the proximate cause of the injury and that the Plaintiff suffered damages because of the breach.
Unfortunately, prior to suit there is a lack of specific information. Medical records have not yet been requested, repair logs and prior problems with this ride are not accessible. There is no subpoena power or right of access until a case is filed.
Another theory of liability that could and should be explored other than inadequate repairs or maintenance might be design defects or a claim against a manufacturer of a product which also has a 2 year statute of limitations. I hope that my readers can see the increasing complexity of these cases once a suit is filed. That’s the reason lots of TV Lawyers quit cases in midstream or refer them to other offices. However, at Taubman Law we try cases; in fact we’ve tried over hundreds of cases in our 35 years plus of practicing.
Of course once new information is discovered a law suit can be amended to add new parties. Again, the complexity of this case continues to escalate as more work is done and more information is gained.
Another theory of liability that must be please or alleged in the original lawsuit is Res Ipsa Loquitur which is Latin for the thing speaks for itself. Generally, this theory of liability there must be exclusive control over the instrumentality. This means only Cedar Point employees fixed or maintained the ride. If everyone were allowed to touch the mechanical under pinning this requirement would fail. Next, the accident must be of a type which would not have occurred without negligence of some sort. Now I’m ready to file the lawsuit and begin discovery.
I’d like to talk about discovery on my next blog, because most lawsuits are won or lost in discovery not at trial. Do yourself a favor ask the TV attorneys when the last time they actively tried a case to a verdict was, not all the self serving declarations about how good he or she is.
At Taubman Law we treat every case that walks through our doors like this one. We work tirelessly on your behalf and have the experience to back it up. If you or a loved one has been injured don’t hesitate to contact us for a free consultation.
Taubman Law. Smaller, Smarter, Better.
This post was written by Bruce Taubman and Brian Taubman. They are both attorneys at Taubman Law. You can reach out to them at brucetaubman[@]taubmanlaw.net and briantaubman[@]taubmanlaw.net, respectively.
