Theme parks and amusement parks are very similar in that they are places where people can go to enjoy various recreational attractions. However, theme parks tend to be larger, and depend on the use of “theming” to provide entertainment for park guests. They often use shows, characters, animals, rides, and other aspects to in conjunction with themes (such as a movie).
In contrast, amusement parks often focus on rides, especially high-thrill rides that move at fast speeds and involve high heights. Both theme parks and amusement parks can present various risks of injuries and accidents.
For theme parks, injury and accident risks can include:
- Slip and fall accidents
- Injuries from dangerous animals and animal attacks
- Injuries from roller coaster ride accidents
- Injuries resulting from interactions with park employees or themed characters
- Accidents involving shows or other entertainment (such as those involving explosives, vehicles, or other special effects)
Who can be Held Liable for a Theme Park Accident?
In many cases, a theme park accident may be the result of the negligent actions of an employee. In such cases, it is necessary to prove that the employee disregarded their duty of care to a park patron, and that the breach of duty was the direct cause of the person’s injuries or losses. Liability may be traced to either the employee, or the theme park, depending on various factors (such as the amount of control that the theme park had over the employee’s actions).
In other cases, the theme park can also be held liable for injuries that result from dangerous premises or dangerous structures. For instance, the park may be held liable for a failure to repair a dangerous building or potentially harmful ride. This is especially likely if the theme park management knew of a dangerous condition or should have known of the condition, yet failed to make the necessary repairs.
Lastly, injuries resulting from ride failures or mechanical failures may sometimes be the result of a defective aspect of the ride. In such cases, the manufacturer or distributor of the part may be held liable for legal damages based on a defective products theory of law.
Are there any Legal Remedies for a Theme Park Accident Claim?
Theme park accidents can often be serious, and the victim will often need compensation for their injuries. In such cases, a lawsuit may be filed for damages for the person’s injuries. The damages award may cover losses such as hospital bills, medical expenses, costs of rehabilitation or physical therapy, loss of wages, and other costs. In some cases, the court may require the theme park to repair the conditions or resolve the issues that led to the accident or injury in the first place.
Do I Need a Lawyer for Help with a Theme Park Accident Lawsuit?
Theme park accident lawsuits can be complex and can involve many different laws and statutes. It may be in your best interests to hire a personal injury lawyer in your area if you need help with a legal claim. Your lawyer will be able to represent you in court and can provide you with legal guidance throughout the duration of the case.