Makeshift Transport Cart Causes Devastating Injuries at Lake House
Our client planned a relaxing weekend with her sister at a Tennessee lake house. She had a recent hip replacement surgery, so after a day on the lake, the sisters had to ascend a large hill to get back to the house.
The homeowner ran a track from the lake to the house and had a makeshift cart on the track being pulled by a cable.
The sisters rode up the hill until the halfway point when the cart stopped. After a few minutes, they were instructed to return to the cart by other members of the party. At that point, the cable failed, and the sisters plunged to the bottom and sustained devastating injuries.
Our client was life-flighted to the hospital where she was diagnosed with a traumatic brain injury, fractured ankle, and other injuries. She required multiple surgeries and a later stay in a rehab facility, not to mention a significant income loss.
We brought in local counsel to file a lawsuit, but our claim against the homeowner was still met with resistance. The insurer argued our client was negligent, suggesting she should have stayed off the cart when it stopped midway up the hill. It also argued that the client’s brother-in-law and daughter shared legal responsibility for running the controls at the top of the hill.
We were able to overcome these obstacles by stressing that the ultimate liability rested on the homeowner for failing to properly maintain the makeshift rail cart and pulley. We ultimately prevailed upon the insurer to pay its full liability and umbrella coverage to settle all claims.
