Amusement Park Injuries: Amusement parks are meant to be fun and for the most part, they are. The Global Association for the Attractions Industry estimates that the risk of being seriously injured on an amusement park ride is one in 15.5 million rides taken.
Most people will never be hurt on an amusement park ride.
But, what if you’re that one? Should you bother seeking
compensation if you’re the one taking a risk in riding the ride in the first place?
The personal injury experts at Boland Romaine LLP answer your questions.
Park or Operator Negligence
The key to winning a personal injury claim against an amusement park is negligence.
If the park or any of its employees (often called operators) were negligent in the performance of their duties, and your injury was the result of their negligence, you may have a case.
Examples of negligence in an amusement park setting include:
- The failure to post warning signs that certain patrons should not ride specific attractions (for example, pregnant women or people with high blood pressure).
- The failure to post warning signs of the risks involved with riding specific attractions.
- The failure to properly train attraction operators.
- The failure to regularly inspect attractions.
- The failure to properly maintain attractions.
- The failure to provide correct riding instructions to patrons.
- The failure to operate the ride in accordance with manufacturer directions.
Even if these conditions are all met, there might still be negligence on the part of the amusement park or its employees.
A complete review of your case by an experienced personal injury lawyer is usually the best course of action to see if negligence played a role in your injury.
In the event that your injury was caused by malfunctioning ride equipment, you may have a product liability case, which would involve the manufacturer of the ride instead of the park or its employees.
An example of a product liability case would be if the lap bars on a ride didn’t fully engage and it was a known issue before the ride opened to the public or it was an issue that was brought to their attention and they didn’t take steps to fix it.
Product liability is challenging to prove, but it can potentially save a lot of other people from suffering similar injuries because these claims force change.
When a manufacturer is found to be liable for injuries to their customers, they have to redesign their product or remove it from the market.
In some cases, you might even be able to join a class action lawsuit against a manufacturer if you are not the only one to suffer an injury from their equipment.
Assumption of Risk
Amusement parks will often use the defense of assumption of risk against personal injury claims. This means that you knew the risks of riding attractions in their park and you chose to participate anyway.
If your injury is determined to be within the scope of risk that you assumed, the park won’t be liable for your injury.
However, if those risks were not clear, it’s possible the park could be found negligent.
Don’t allow the assumption-of-risk factor prevent you from getting compensation for your amusement park injury.
Talk to an experienced personal injury lawyer to determine whether or not you should pursue a claim based on negligence.
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