A third customer who visited Fun City Adventure Park in Algonquin last year has filed a civil lawsuit seeking more than $50,000 in damages, claiming – like the others – that she was injured after jumping into a foam pit.
Leslie Behrnes, 42, of Wonder Lake, claims that on an Aug. 17 visit to the indoor park, she suffered a fractured leg after jumping off a raised platform and into a foam pit. She said there were no warning signs of potential dangers or restrictions on a person’s size or shape, and she did not sign any waivers advising of any risks, according to the lawsuit filed in McHenry County court by Hans Mast Law Group in McHenry naming Fun City Adventure Park as the defendant.
Behrnes claims that she has been “injured, both internally and externally; has suffered and will in the future suffer pain; [and] has been permanently scarred and disabled,” according to the lawsuit.
Behrnes further claims that she is “obligated for large sums of money for medical care” now and in the future. She also has lost income due to the injuries suffered at the indoor amusement park, according to the lawsuit.
Behrnes is one of three who filed lawsuits against the business last year. David Zick, 37, of Algonquin, asserted that he jumped into a foam pit at Fun City with his toddler and wound up with a fractured leg.
Hans Mast Law Group, which also is representing Zick, said Zick and his family visited the park on April 11, and he was “badly injured” when he “jumped in the foam pit with his son, unaware that it was very shallow and that it would not protect his legs from impacting the bottom. He fractured his left leg badly, requiring ankle surgery.”
Bills are over $50,000, the law group said.
Like Behrnes’ suit, Zick contends that the business failed to disclose the depth of the foam pit despite knowing the park’s activities are intended for children, nor did operators post any restrictions for “users of the foam pit based upon size and weight, etc., to ensure users would not strike the bottom of the pit and become injured.”
Zick’s lawsuit names Fun City as well as the property manager, River Pointe of Algonquin LLC, as defendants.
The suits further state that defendants “should have known that adults jumping into the foam pit from the raised platform were unaware of the limited depth of the pit and limited ability of the foam to safely cushion their fall.”
A third lawsuit filed by an Algonquin man on behalf of his child claims that on May 27, his child jumped into a foam pit at the indoor park and suffered injuries to his neck, back and head. He asserted that the injuries were due to “an inadequate amount of foam blocks in the foam pit, including in the center of the foam pit,” according to the lawsuit.
The filing accuses the park and its employees of “carelessly and negligently” failing to “provide a good, safe and proper foam pit,” allowing it to be “underfilled” and neglecting to warn guests of potential dangers.
Each lawsuit seeks in excess of $50,000 from the business that, just two weeks after opening in February 2024, was shut down for five months for safety violations, records show. The facility was cited for violations by the Illinois Department of Labor and village code, according to state and village records.
Village of Algonquin officials have said that the village is not a party named in the lawsuits.
Attempts to reach attorneys for Fun City and the Fun City location were not successful. A representative from River Pointe LLC could not immediately be reached for comment.
The amusement park, located at 215 S. Randall Road, features attractions such as arcade games, trampolines, a foam pit and a zip line.
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