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New Lawsuit against Dreamworld


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I don’t think DW owes her a cent unless CCTV shows a stumbling and bleeding girl and her mother being ignored or palmed off by staff. If CCTV proves contradictory to the mothers account - DW shou

New nightmare for Dreamworld after girl, 8, ‘badly injured’ A family trip to Dreamworld has become a nightmare after an 8-year-old girl allegedly suffered horrific internal injuries on a water sl

Wouldn't that be on DW to sort out then? Family sues DW, DW sues manufacturer, Wet n Wild celebrates because you can't get hurt on a new slide if you don't have any.

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Also, I don't see how it's the fault of DW? They followed manufactures guidelines, they advised the girl of what position to be in while riding. It sounds like her swimsuit (possibly way too thin?) got dragged up with the force of her going down the slide. Essentially causing an extreme wedgie. Also assuming the girl had no pre-existing conditions that the family were aware of. I once had a staff member almost yell at me because I didn't get out off the fully 6 splashdown area fast enough due to me putting my underwear back where they belong. No staff members around and no one noticing the blood seems a little exaggerated though. It will be interesting to see what comes of this and if any further details come out. I do find it funny that Shine, the ambulance chasing extraordinaire, Laywers have been called in for this case too. 

Edited by Jdude95
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This story smells of $$$$$. There is STACKS of staff everywhere. Fully 6 has a very visible staff member at the bottom of the slides. I went on those slides last week, no problems and no way “horrific internal injuries” can occur if you ride the slide properly. 

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38 minutes ago, Greg said:

This story smells of $$$$$. There is STACKS of staff everywhere. Fully 6 has a very visible staff member at the bottom of the slides. I went on those slides last week, no problems and no way “horrific internal injuries” can occur if you ride the slide properly. “I don’t care about money” ha ha ha so you go to a lawyer.

 

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Injuries do indeed occur on water slides. So its obviously internal but no one knows to what degree. Either one of two things occurred. Pre-existing injury has caused this or the girl started a body cycle as the article suggests.

To say no staff actually where around tho is completely false. Thankfully CCTV can prove this. Staff are located at the top and bottom of every attraction. As for first aid being unattended, this might be the case. But every worker is trained in first aid. First aid even at a school can be unattended sometimes. Does not mean no one is onsite to assist or help. The first aid officer might have been assisting with another guest or could have gone to the bathroom. The way the story is told it's like she was bleeding to death. It does not sound like that at all.

The sentence about the “I don’t care about the money … I just never want anyone else to go through this,” seems slightly odd. I understand people say that during an event but usually people want money.

One puzzling thing for me is the mum she shes a nurse. Does not seem to offer immediate medical attention tho or offer to assist any workers to help her. Just my observation.

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It's definitely a risk of speed slides.

https://www.therme-erding.de/en/tropical-spa-sauna/tropical-spa-water-park/galaxy-water-slide-world/

 

image.thumb.png.559a58954d7d2ae65790d38f3a38783f.png

Check out the landing!

 

Other injuries i sustained at Galaxy Erding included:

-Banging my head on the roof at the bottom end of the ski jump slide.

image.thumb.png.daa2c3f5f126352eb7b8c14a5e577e2b.png

-Sliding sideways back first into the lip of wall of the exit hole of the space bowl slide.

image.png.cddc163800c933ad161095772dc3aafa.png

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41 minutes ago, Gazza said:

Correct here Gazza.

But all Australian water parks allow for all genders to ride.

When I went I got told to cross my ankles (as per the standard on any fast body slide.=) I find it easy to retain the standard riding position. I know many tho like to do "the cat". So hands along the slide trying to slow one's self-done doing the exact same with the feet.

This would easily cause an injury to someone if you rode that way. The max weight for Fully 6 is 120kgs it should be noted. Naturally, the heavier the are the faster you slide into the splashdown. If you don't ride correctly you will, unfortunately, run the risk of injury. If she was indeed the size of an average 8-year-old then this is al perplexing. and I would think a pre-existing injury could also be the cause.

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There is an inherit risk with partaking in recreational activities like amusement slides. She took that risk and I believe the injury that was sustained cannot be attributed to Dreamworld or the manufacturer of the slide. However if she is going to win this case, than it will be from her claims that no one took it seriously, which I doubt. Too say that she was soaking blood throughout the park and water was covered in blood... Surely we would’ve heard people that were at the park speak out about it. But now is the first we hear about this. Also, if she was pouring blood like described, she would’ve passed out from blood loss, especially being young. Lots of loop holes here, I think this is a cash grab. 

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@Gold Coast Amusement Force You can't have 'these activities are inherently risky' when your whole messaging is how incredibly safe everything is. No reasonable person would take an 8 year old to a water park thinking vaginal injuries are a possible risk, and no operator worth anything would advertise that. This is the sort of crappy thing that happens, and little girl (and little girl's family) gets paid.

 

The idea that it can't have happened because you'd have heard about it is laughable. Sorry to break it to you but even in this day and age, lots of things happen that you never hear about.

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Yeah look, I don't think the choice of legal representation should have any bearing on perception or opinions as to the plaintiffs case.

Shine, and other similar law firms, who advertise in such a manner to appeal to those who can't afford retainers and other upfront fees, are more likely to secure this sort of case than a local, singular solicitor or bigger corporate firm. Mainly because they advertise, so its the first thing people look at.

As for what I think of such pro-bono, "no-win, no fee" style firms - i'll leave that unsaid lest they try on a defamation suit. The fact of the matter is the little guys don't advertise, and the bigger guys want money upfront.

 

And as for the incident... it's unfortunate given Dreamworld's rocky recent history. Hopefully the park has sufficient CCTV to disprove any of the more (apparently but not proven) vexatious claims - in particular that no staff rendered assistance, given all lifeguards are first aid trained, and the slides are staffed top and bottom...

I've no doubt the girl suffered injuries, and I empathise over the pain and suffering she has experienced, but there are a lot of factors to consider here - did she follow the staff and manufacturer's directions being one of the big ones. The claims of 'so much blood in the water' and 'walking blood all over the park' sound a little far fetched. The first aid room not being staffed isn't unusual, its a first aid station, not a hospital ER. The most important thing is that as soon as the incident was reported to staff, first aid staff should have responded from wherever they were (unless they were treating a more serious case).

With that all said, depending on the level of qualifications of the first aid staff, it has been reported that the mother of the girl was a nurse. While there is a duty of care in a 'workplace' that appointed first aid officers must render assistance to persons requiring first aid on premises, the duty of care for a first aider requires that they render assistance either "until the patient recovers" OR "until more qualified help arrives (ie: Ambulance). By her claims, the mother was more qualified to render assistance than first aid staff were (although from the TRRR inquest, it seems DW does employ nurses and paramedics as their first aid team).

But I take issue with Joz's comments above, only in that - if the girl was not riding in accordance with the manufacturer \ park staff directions, and the park wasn't negligent - it is as much her own fault as the guy who stood up on Rocky Hollow and fell out. All parks have certain 'assumptions of risk' clauses in their terms and conditions. Unless there is some sort of negligence on behalf of the operator, i'm really struggling to see how the park would pay out in any case other than a goodwill gesture.

If it is a design flaw, then it should be Polin on the hook, not Dreamworld.

 

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Longer statement from Dreamworld provided to 7News

Quote

“The team at WhiteWater World acknowledges the injury sustained by the guest in question on 22 November,” Dreamworld said in a statement on Tuesday.

“It can be confirmed that the guest met all manufacturer requirements for the attraction and was given detailed and repeated instructions on how to position herself for the slide, including a physical demonstration by a slide operator.

“After presenting to WhiteWater World’s Park Health facility, staffed by a team member who is both a Registered Nurse and a Paramedic, the injury was assessed, and an ambulance was called.

“The injury was reported to Workplace Health and Safety Queensland by WhiteWater World upon the guest’s admission to hospital and an internal investigation continues.

“Our thoughts remain with the guest and her family and we wish her a full and fast recovery.”

 

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56 minutes ago, AlexB said:

But I take issue with Joz's comments above, only in that - if the girl was not riding in accordance with the manufacturer \ park staff directions, and the park wasn't negligent

Really? Do you follow all instructions? What about the ones that say that you should hold on at all times? What sort of injury do you think would be appropriate for you to suffer? Ah but you made the decision, you know you 'could' have injured yourself and you don't think you should be able to sue. That's great. Did an 8 year old going down the slide make that decision knowing the consequence? Would she have known what the potebtial consequences were?  Would her parents know that's a potential hazard? Kid gets scared halfway down and opens her legs shouldn't end with vagainial lacerations. If you're relying on the actions of an 8 year old to make the thing safe, then obviously there is an element of risk. If you're operating an attraction that has that level of risk, you pay when this stuff inevitably happens.

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46 minutes ago, joz said:

If you're operating an attraction that has that level of risk, you pay when this stuff inevitably happens.

So we should shut down the entire industry?.

Risk occurs anywhere. They advise you to cross your arms and ankles. It's not for the fun of it. It's not a personal recommendation. It's a manufactures recommendation. She is 8 meaning she should be in year 2 and be able to follow simple instructions. 

I'm aware people "freakout" and then don't follow the rules. But waterslides ain't rollercoasters. you don't have a harness or lap bar holding you in. You get told to do the riding position and its pretty simple. It comes down to the conditions of entry also. Under the part that goes something like "You will follow all staff instructions at all times while riding".

Her injuries are horrific. Won't lie. Mums outrageous claims tho over blood in the water and all over the ground tho are pretty full-on. Given she is a nurse you'd think that maybe she would be able to help assist as I mentioned in a post I made above. The fact she didn't ring alarm bells to me about this scene that had been painted.

Back to risk. Yes, the parks could we aware of the dangers of operating attractions. Just like WnW did when a guy came down the speed slide holding onto both sides. He got told how to ride and what to do but he apparently knew better. Split his hands open nice and wide.

You get given instructions. The LG at the top would automatically access if everyone understands. Those that don't get it explained one more time (natural human instinct). For some reason, she didn't do it either due to being frightened or just couldn't figure it out.

 

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