Claims from injuries sustained during a trip to an amusement park, which is very similar to a theme park, can range from food poisoning to serious physical injuries. The government estimates that there are 9,000 emergency room visits per year from amusement park related accidents. These accidents occur at one of two following types of amusement park settings:
- Mobile Rides: rides that move from site to site, even state to state, from events like carnivals and state fairs
- Fixed Rides: rides that are a permanent attraction at an established amusement park (e.g., Disneyland or Six Flags)
There can be a number of different claims that can be brought by individuals who were injured on an amusement ride or just at the amusement park. The two most common amusement park claims are negligence and products liability. Negligent claims are when the amusement park or the park's employees are careless or breach their standard duty of care which causes an injury to a guest visitor. Products liability claims arise when there is a defective or faulty ride which causes injury to the guest visitor.
Who Is Liable for Amusement Park Accidents?
Depending on the circumstances surrounding the accident, liability for amusement park accidents is usually correlates to the actual cause of the accident.
If an amusement park accident was caused by the negligence of carelessness of the park operators or the amusement park employee's, then the amusement park may be held liable for any injuries caused to the visitor. The guest plaintiff at the amusement park has to prove that the amusement park owed a standard duty or reasonable care toward the plaintiff, the amusement park breached that duty, and the breach caused the plaintiffs injury.
What Are the Most Common Forms of Negligence Claims?
The following are the most common forms of negligence claims against amusement parks:
- Failure to keep attraction rides, such as roller coasters, in a safe condition through proper maintenance and inspection
- Failure to give proper instructions or warnings
- Negligent operation of the attraction ride that results in an injury
- Not warning a member of a high risk health group of the inherent dangers of the attraction ride
- Failure to keep areas outside of the attraction ride safe for the public, such as walkways and public areas
- The attraction ride is so inherently dangerous that it is not possible to maintain or run it safely even through reasonable care
What Are the Most Common Forms of Products Liability Claims?
Even if the amusement park or the park's employees did not act careless or negligently, the amusement park may be held liable for any injuries that was suffered by a plaintiff due to a defective ride or broken component on the ride.
Some amusement park accidents are caused by defective rides or components of the ride which is not caused by improper maintenance or negligence of the park employees, but rather because of the faulty ride. If the ride was defective, then the plaintiff might have to go after the manufacturer or designer of the ride since the amusement park could not be held liable since they were not the maker of the ride and were not the cause of the plaintiff's injury.
Should I Contact a Personal Injury Attorney about My Amusement Park Injury?
If you have been hurt or injured during a visit to an amusement park and want to assess the viability of your claim, the advice of a personal injury attorney can be extremely helpful. An experienced personal injury attorney can help you investigate your injury and recover damages.