Amusement parks, water parks and theme parks offer thrills and rides that people of all ages enjoy, but there is always the potential for accidents, injuries, or even death to occur.
Amusement parks have a responsibility to keep visitors safe from any potential dangers. This responsibility includes ensuring that rides are properly maintained, staffing and security are adequate, and any potential danger is warned of in the form of signs and verbal caution.
If an amusement park fails to maintain equipment or adequately warn visitors of danger, the park could be held responsible for injuries that occur.
In this blog we discuss how an amusement park accident can result in legal action.
A variety of injuries could occur at an amusement park, ranging from minor accidents that may not require emergency medical care, to major accidents that can cause life-long disability or even death.
Examples of amusement park accidents include:
Rides are often highly technical pieces of machinery, operated by a hopefully experienced staff that can understand when things are going wrong.
Recent amusement park accidents include:
There are multiple instances in which amusement park owners and ride operators are held liable for visitor injuries.
According to premises liability laws, an amusement park owner has a legal responsibility to enforce safety rules, keep customers safe, and effectively warn of any inherent risk. If a property owner fails to protect customers' safety, they could face a premises liability lawsuit (which operates the same way as a personal injury lawsuit).
Premises liability law states that amusement park management must make reasonable efforts to protect visitors from likely danger. If there is evidence that the property owner did not consider how to avoid injury to visitors, the injury could fall under the amusement park's liability.
Premises liability law often does not afford the right to sue for trespassers or those entering an off limits area in an amusement park.
Learn more about premises liability here.
Also involved with amusement park injuries are product liability laws, which enforce a legal duty to maintain and upkeep the mechanical aspects of rides.
Product liability lawsuits can be filed against both amusement park owners and/or a ride manufacturer, safety harness manufacturer, etc. Product liability cases generally contain evidence such as:
Recent safety inspections
What safety instructions or safety rules are given to patrons
Whether a certain ride can be considered a defective ride due to malfunction
If there was rider non compliance with safety rules
If a ride was inherently dangerous
As mentioned previously, amusement parks may be liable for any injuries or deaths that occur on their property. Wrongful death lawsuits can be filed on behalf of amusement park accident victims.
Some recent amusement park accidents have resulted in legal action being taken on the behalf of the victims:
If you’re injured at an amusement park, take the following steps to ensure both that you’re safe and take the proper steps to support a personal injury lawsuit if necessary:
When a person is injured in an accident at an amusement park, they might not be aware of their legal rights to file a claim against those responsible for their injuries.
A personal injury lawyer can help secure compensation for injuries and other damages incurred from an accident.
Though hiring a lawyer can be expensive, many personal injury lawyers (including TorHoerman Law) accept cases on a contingency fee basis. This means that injured people do not have to pay legal fees unless they win in court.
If you've been injured at an amusement park, contact TorHoerman Law for a free consultation.
We understand how confusing and overwhelming the legal process following an accident can be, and we can help you secure the compensation you're owed for any medical bills, lost income and any other damages.
Using our chatbot for a free consultation, we ensure that any sensitive or confidential information relating to your case will be kept secure.
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