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HOUSTON An 11-year-old girl lost part of her thumb in the wave pool of a Schlitterbahn water park and now her family has filed a lawsuit.

Serenity Davis was in the wave pool with dozens of other kids on August 25 when the accident happened.

The family s attorney Daniel Horowitz says she was holding onto the side of the pool when a wave came and as it pushed her through the water, her thumb got caught in a metal grate.

When the wave pulled her away, she lots it and part of a knuckle. It could not be reattached. Horowitz says the family turned to him, wanting Schlitterbahn to take responsibility.

We eventually filed this law suit after contacting Schlitterbahn s insurance company. We received a statement saying they were not responsible for the incident and were not going to be able to help pay for any of the medical bills so the family came forward to me and we went ahead to file a lawsuit against Sschlitterbahn, said Horowitz.

He also says it s his understanding there was no warning sign about the metal vent, although he has not been out to take a look for himself yet.

Schllitterbahn is not talking about the incident, but did say safety is its top priority.

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