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Premises Liability

A 43-year-old Waco resident filed a lawsuit against both Waco River Safari and Baylor University late last week in the 414th State District Court. He alleges that he suffered permanent injuries after falling into an on-campus river.

The victim and his wife had apparently traveled to Baylor University’s McLane Stadium on April 27 to take a tour of the Brazos River. They were walking down the dock to their Waco River Safari boat when a young boy crossed paths with the 43-year-old blind victim. He sensed that the child was nearby, so he stepped aside so he could pass. When he did, he fell off the dock and to the bottom of the river. He then blacked out.

He’s now left with lasting injuries to his left eye, psychological damage and a broken right leg. In his lawsuit, he chronicled how his medical treatment is still ongoing.

In his filing, he pointed out that the dock leading to the boat lacks any railings to prevent accidents like this from occurring. He also highlighted how there aren’t any signs in the area warning customers of how very few people should be on the dock at any one time. There’s nothing there pointing out how dangerous it is for individuals to pass each other on it either.

The plaintiff and his attorney argue that the design of the dock violates existing city of Waco ordinance because it’s inadequate and in an unsafe condition. He also pointed out that its design violates the International Building Code guidelines that the state of Texas requires contractors to follow.

He notes that he included Baylor University as a defendant in this case because they own the property where the incident occurred. He points out that they knew that the deck “posed an unreasonable risk of harm” but failed to do anything to remedy it.

The plaintiff has requested $1 million in damages from both parties to compensate him for his mental anguish, physical suffering and pain, disfigurement and other related expenses. It’s unclear when the next hearing in the matter is scheduled for.

It’s the responsibility of property owners to keep their premises reasonably safe for their visitors. If they fail to do that, then they may be sued for negligence. An attorney can review the details of your case and let you know if you qualify for compensation for your injuries.

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