KNOXVILLE, Tenn. (WATE) — A $1 million lawsuit filed against Ober Gatlinburg claims the attraction failed to secure a child with a safety harness before he fell from a rock wall and suffered a traumatic brain injury, according to court documents.
According to the lawsuit filed in federal court, a Florida woman and her nine-year-old son visited Ober Gatlinburg on July 30, 2021 while in town for a baseball tournament. It alleges that Ober employees failed to place the child in a security harness that self-repels climbers down the wall before he scaled the 30-foot rock wall and fell about midway to the bottom of the wall.
The lawsuit states that the child struck his head directly against unpadded concrete at the bottom of the wall and suffered a skull fracture and a traumatic brain injury as a result.
It claims that Ober Gatlinburg was negligent by failing to properly harness the child before he began climbing and faults the business for not placing any protective padding at the base of the wall in the event of a fall.
The plaintiffs seek $1 million in damages for medical expenses, disfigurement, pain and suffering and legal expenses. The lawsuit also requests a jury trial.