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FLORIDA RECORD

Saturday, November 2, 2024

Parents Sue Resort Operator Over Son's Injury on Wave Simulator

State Court
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Luis Delgado, Circuit Civil Judge at the FL 15th Judicial Circuit Palm Beach | https://www.15thcircuit.com/

In a gripping case that underscores the importance of safety at recreational facilities, a couple has filed a lawsuit following an incident that left their child injured. On October 24, 2024, Jeff and Jennifer Hertz submitted a complaint to the Circuit Court in Palm Beach County, Florida, against The Boca Raton, LLC, Boca Owner, LLC, and an unidentified employee known as John Doe.

The Hertz family alleges that their son Jayden suffered significant injuries while using The FlowRider at The Boca Raton resort on June 26, 2023. According to the complaint, the ride was abruptly turned off by an employee without warning, causing Jayden to fall and sustain multiple fractures in his left foot. The legal document outlines the physical and emotional toll on Jayden, who is now unable to engage in physical activities beyond slow walking due to his injuries.

The plaintiffs argue that The Boca Raton had a duty to operate its equipment safely and warn users of potential hazards. They claim this duty was breached when the ride was suddenly stopped without notice. "Boca Raton owed a duty to Jayden to operate The FlowRider in a reasonably safe manner," states the complaint. Additionally, they assert that Boca Owner failed in its non-delegable duty to maintain safe premises by not ensuring proper warnings were in place for such abrupt stoppages.

The lawsuit further implicates John Doe for negligence, alleging he failed in his duty of care by turning off the ride without alerting users like Jayden. This negligence is cited as directly causing Jayden's injuries and subsequent psychological issues such as depression and weight gain.

Jeff and Jennifer Hertz are seeking damages exceeding $50,000 from each defendant for medical expenses incurred and anticipated future costs related to Jayden's ongoing treatment. They also demand compensation for their son's loss of enjoyment of life due to his injuries.

Representing the Hertz family are attorneys Theodore S. Forman and Sharon Bidka Urbanek from Forman Law Offices P.A., based in Delray Beach. The case ID is: 502024CA010197XXXAMB.

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