If, as seems to be the case, they were negligent or careless (as fixing a fair ride with duct tape would seem to be), then you legally may sue. The question is, is it worth it? If you sue and win, you can only get:
Out of pocket (not paid by insurance or medicaid) medical costs;
Lost wages, if you missed any work to care for your child;
IF your child has suffered some disability, disfigurement, or other significant life impairment lasting months or longer, some amount for "pain and suffering."
So if, as we hope, your child is basically ok and you had small medical costs, it's not worth suing: you could spend more on the lawsuit than you'd get back.
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