Monkey Joe’s Denies Liability in a Personal Injury Case
In a personal injury lawsuit, a mother filed a complaint that her son got injured when he was playing at Monkey Joe’s. Elizabeth Toepfer, mother of Robert Toepfer Jr., alleged that her son was playing on a bouncy toy at T.M.A. Play IL Inc., doing business at Monkey Joe’s, in Fairview Heights on April 13, 2013 when his leg got twisted in a tear.
The mother seeks a judgment of $50,000, plus costs in the complaint filed in St. Clair County Circuit Court. She also seeks medical costs, suffered disability and disfigurement due to defendant’s negligent inspection of bouncy toys by allowing a rip to exist in the toys.
However, a waiver form of Monkey Joe’s signed by the plaintiff allows the defendant to be released from personal injury lawsuit. The defendant in the answer filed on March 23rd stated that they were not liable in the alleged complaint because the incident took place due to plaintiff’s own negligence and comparative fault due to which child sustained injuries.
The defendant further argues that the plaintiff signed a waiver which releases defendant of all liabilities. The waiver is a liability agreement i.e. accepting responsibilities for any sustained injuries, which should strike out the lawsuit against defendants.