Theme Park & Amusement Injury Demand Letters

[Date] Via Certified Mail and Email Claims Department [Theme Park Name] [Theme Park Address] Re: Personal Injury Claim - Ride Malfunction Claimant: [Client Name] Incident Date: [Date] Ride Name: [Ride Name] Park Incident Report #: [If available] Dear Claims Representative: This firm represents [Client Name] regarding serious injuries sustained on [Date] while riding [Ride Name] at [Park Name]. We write to demand compensation for medical expenses, lost wages, and pain and suffering resulting from your negligent operation and maintenance of [Ride Name]. FACTS OF THE INCIDENT On [Date], our client visited [Park Name] with a valid admission ticket. At approximately [Time], our client boarded [Ride Name] in [specific seat/car]. The ride operator secured [his/her] restraint and dispatched the ride. During the ride cycle, [describe malfunction - e.g., "the lap bar restraint released unexpectedly during a high-speed turn, causing our client to be thrown violently against the side of the ride vehicle"] OR [describe operational error - e.g., "the ride came to an abrupt emergency stop, causing severe whiplash-type injuries"]. Following the incident, [describe aftermath - e.g., "our client was removed from the ride by park medical personnel and transported by ambulance to [Hospital Name]"]. LIABILITY ANALYSIS Under California Civil Code section 2100, [Park Name] is a common carrier with respect to [Ride Name], owing passengers the utmost care and diligence for their safe transportation. This heightened duty of care requires you to: - Maintain ride equipment in safe operating condition - Inspect and test all safety restraint systems - Train operators to recognize and respond to malfunctions - Take all reasonable precautions to prevent passenger injury You breached this duty by: 1. [Specific breach, e.g., "Failing to properly maintain the lap bar restraint system"] 2. [Specific breach, e.g., "Operating the ride despite known restraint issues"] 3. [Specific breach, e.g., "Failing to conduct adequate pre-operation safety checks"] 4. [Specific breach, e.g., "Failing to properly train ride operators"] Under California's common carrier standard, you are liable for even slight negligence. Your ticket disclaimers do not shield you from liability, as California Civil Code section 1668 voids contracts that purport to exempt parties from responsibility for their own negligence. INJURIES AND DAMAGES Our client sustained the following documented injuries: - [Injury 1, e.g., "Cervical disc herniation at C5-C6 requiring surgical intervention"] - [Injury 2, e.g., "Traumatic brain injury with persistent cognitive symptoms"] - [Injury 3, e.g., "Rotator cuff tear requiring arthroscopic surgery"] - [Injury 4, e.g., "PTSD with ongoing psychological treatment"] Current medical expenses total $[Amount], with an additional $[Amount] in anticipated future treatment including [future treatment needs]. Our client, a [Occupation], has been unable to work since the incident, with lost wages of $[Amount]. DEMAND Based on the severity of injuries, the common carrier standard of care, and clear evidence of negligence, we demand the total sum of $[Amount] to resolve all claims. This figure accounts for: - Past medical expenses: $[Amount] - Future medical expenses: $[Amount] - Lost wages to date: $[Amount] - Future lost earning capacity: $[Amount] - Pain, suffering, and emotional distress: $[Amount] - Loss of enjoyment of life: $[Amount] We expect a substantive response within thirty (30) days. If we cannot reach a reasonable settlement, we will file suit and pursue extensive discovery into your ride maintenance records, inspection reports, prior incidents, operator training, and internal safety communications. PRESERVATION DEMAND Preserve all evidence related to [Ride Name] and this incident, including: - All video footage from ride cameras, queue cameras, and surrounding areas - Ride data logs showing speed, forces, restraint status, and emergency stops - Maintenance and inspection records for [Ride Name] - Prior incident reports and guest complaints regarding [Ride Name] - Operator training records and certifications - Cal/OSHA reports and communications - Internal emails and communications regarding this incident Sincerely, [Attorney Name] Attorney for [Client Name] [Law Firm] [Address] [Phone] [Email] Enclosures: - Medical records and billing statements - Incident photographs - Ticket and admission receipt - Lost wage documentation