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Amusement Park Accidents

Every year, 335 million people go to amusement parks in the United States. Given the high volume of traffic, you’d think that the strictest of safety standards would be in place to keep guests safe. Some states don’t have any rules for amusement park rides.

Despite any restrictions, amusement park attraction owners, manufacturers, and operators have a responsibility to ensure that their rides are safe and do not harm guests.

You or a loved one might be able to file a lawsuit against the amusement park owners, operators, or manufacturers if you were hurt in an amusement park accident. Our firm represents clients who have been injured in car accidents and those who suffered from medical malpractice, as well as others who have been injured by other people’s negligence in numerous practice areas.

Contact Texas Personal Injury Lawyers immediately for a free, no-obligation consultation.

What You Should Know About Amusement Park Accidents

The most common amusement park accident affects people under the age of 24. An amusement park ride is estimated to cause around 4,300 injuries each year. Fairgrounds, festivals, carnivals, amusement parks, and theme parks are among the sources of these injuries. Water park accidents are also common and require additional considerations to determine fault and liability. 

Accidents continue to happen at amusement parks even after thorough inspections are a standard procedure. While accidents are uncommon, they may result in severe injuries and death.

Injuries At Amusement Parks

 

An amusement park ride might affect anybody. Injuries are frequent owing to the fact that there are so many rides to select from.

The following are some of the most frequent park visitor injuries:

  • brain aneurysms
  • back and spinal cord injuries
  • traumatic brain/head injuries
  • stroke caused by an artery tear in the neck
  • torn ligaments and broken bones
  • paralysis
  • deadly falls and drownings
  • emotional injuries like PTSD

What Are The Most Common Causes of Amusement Park Injuries?

Most amusement park rides are safe, thanks in part to strict safety standards and routine inspections. However, these attractions necessitate a great deal of structural engineering work and all components must be trustworthy and effective.

Some Typical Reasons For Amusement Park Accidents Include:

 
  • Mechanical Failure

Poor maintenance and mechanical failure are the most common causes of breakdowns. Cables can break, restraints can fail, and rides may cease unexpectedly due to some technical malfunction. Because many of these rides operate for more than 12 hours a day, attrition is unavoidable.

  • Operator Error

Several amusement park rides are controlled by an operator. Traveling carnivals or fairs are the most common places for these catastrophes to occur. The operator might be high or drunk, fall asleep, become distracted, or commit some other egregious error.

Fixed location amusement parks are a significant business (Disney World), and they frequently have standards in place to ensure that employees meet requirements before operating the equipment.

  • Instruction Failure

On an amusement park ride, a passenger must follow all instructions and guidelines given by the personnel in charge of the operation. Ignoring these measures or directions might lead to significant harm. For example, while riding, a user might stand up, unfasten bars or safety restraints, or sit incorrectly in a seat.

  • A Defective Or Poorly Designed Ride

It might take many trips before a faulty or poor design is discovered. Some park owners, on the other hand, may be willing to take a chance and offer rides to the public before the ride has been thoroughly tested for safety. The death of someone riding on a defective or poorly designed ride is always tragic.

  • General Slips And Falls

Accidents can happen at amusement parks that don’t take place on the ride. There are frequently ramps, platforms, or steps that visitors must use to access a ride. If these access points aren’t completely cleaned or kept dry and debris-free, people could slip, fall, trip, and sustain injuries.

Is It True That The Government Regulates Amusement Park Rides?

 

The type of park determines whether there is government regulation or supervision. Theme parks, such as Disneyland, and amusement parks like Cedar Point are examples of fixed locations. Traveling fairs or carnivals are mobile parks.

The US Consumer Product Safety Commission (CPSC) regulates amusement parks. Only state and local governments regulate fixed-location amusement parks.

Lawsuits For Injuries Resulting From Amusement Park Accidents

 

There are several legal claims that you and your lawyer may bring after an amusement park accident. The claim will be determined by the nature of the incident, but two general sorts of claims are generally brought in these circumstances: negligence and product liability claims.

  • Amusement Park Injuries Caused By Negligence

Amusement parks, carnivals, and theme parks all have an obligation of care to keep patrons safe. If an amusement park owner fails to safeguard a customer from harm, he or she is in breach of the law and may be held liable for negligence.

When someone at an amusement park, whether directly or indirectly, did not act in a reasonable or responsible manner, they may have committed negligence. Because of a park’s carelessness, the visitor, or in some cases the visitor’s family, may be able to sue for compensation and damages.

Your lawyer must establish that the amusement park was negligent and responsible for your injuries by demonstrating:
 
  • The underlying cause of your medically verifiable injuries was caused by an avoidable unsafe situation.
  • Your injuries were caused by an unsafe situation that the park was made aware of.
  • The park did not repair, replace, or remove the life-threatening danger.
  • You could have avoided your injuries if you hadn’t been in such a hazardous situation.
  • Amusement Park Injuries Caused By Product Liability

If you were injured as a result of a ride’s manufacturing defect or faulty design, you might be able to bring a product liability claim on your behalf. If there is an inherent design fault with the ride, the manufacturer is responsible for making a faulty component or implementing an inadequate design.

Your lawyer must show that some equipment in the ride or the structure itself was faulty, and this flaw was the reason you were hurt.

Amusement Park Injury Lawsuit Defenses

If an amusement park is sued for a personal injury, they may utilize several strategies to avoid paying compensation. To ensure that your case can withstand the defense, you should employ a professional and qualified personal injury lawyer.

  • Rider Was Non-Compliant With Safety Rules

The passenger or driver may defend himself or herself by claiming that they did not follow the ride’s regulations. The rider or injured person may not have followed height restrictions, weight limitations, or other safety standards that were clearly stated, labeled, or announced.

Because the rider may be held accountable for the circumstances that caused the injury, his or her compensation might be reduced, or in some jurisdictions, rendered completely ineffective.

  • Disclaimers On Amusement Park Tickets

A liability release or disclaimer may be printed on an amusement park ticket. This implies that the amusement park can claim it is immune from being sued for negligence because to your purchase of a ticket.

Although the ticket might be used as proof of liability waiving, disclaimers are frequently not read, contain imprecise language, and may be challenged in court by an experienced lawyer.

  • Assumption Of Risk

The defendant’s attorneys might dispute that the victim knew of the dangers and risks associated with amusement park rides. Because the injured person was informed of the threats, they should not be able to claim compensation for their injuries.

The state where the lawsuit is filed determines whether or not the defendant can use this defense. Some states allow amusement parks to make an assumption of risk based on the ride, while others eliminate or restrict the notion of risk argument. A lawyer may assist you in preparing for this response.

How You Can Help Prove Your Amusement Park Injury Claim

 

After an amusement park accident, there are things you can do to assist build your case. You’ll want to gather as much evidence as possible that the amusement park was irresponsible or put up a ride with a faulty design.

  • Report Your Injury

The first thing you must do is notify the authorities of any injuries. If any significant injuries occur, ask for assistance and call 9-1-1. Medical personnel should be onsite at fixed-location attractions like Six Flags. Do not refuse any medical treatment to ensure that your claim is taken into consideration.

  • Interview Witnesses

Witnesses can play an important role in your personal injury claim. Independent witnesses who were at the park at the time of the accident may have a clear perspective on what occurred. Gather their contact information and have them tell their story.

  • Gather Evidence

To gather as much evidence as possible, take videos and photographs. Audio recordings can also be useful; however, keep in mind that it is illegal to tape someone without their consent in some jurisdictions. Take a photo of the situation if you can figure out what caused your accident. If you talk to park workers about what occurred, getting their statements on tape could be an important piece of evidence in your lawsuit.

  • Confirm Your Damages

If you pursue a lawsuit, your legal representative will want to double-check the figures you’re claiming. This might include copies of medical bills and other out-of-pocket expenses connected with your injuries, as well as a note from your employer indicating how much time you were unable to work due to your injuries.

Why You Should Hire An Amusement Park Injury Lawyer
 

An amusement park accident claim is difficult to file. A lawyer can assist you with the legal procedures necessary to hold the amusement park responsible for its failure to safeguard you. Because the size and type of facility involved in a claim matters, a lawyer may be able to assist you.

Holding traveling parks or carnivals liable may be tough since owners or management could be inaccessible, and they may not be sufficiently insured.

A lawyer can assist you in obtaining a fair settlement from the liable party and ensuring that you are compensated for your injuries.

Compensation For An Amusement Park Injury
 

If you pursue legal action, a lawyer will build your case to allow you to receive the most compensation feasible. A personal injury or wrongful death claim may be filed if your injuries were caused by negligence.

Damages in negligence cases include: – compensation for the following:
 
  • medical expenses
  • lost wages from losing the capacity to work
  • general pain and suffering
  • other out-of-pocket expenses related to your injury
Contact Texas Personal Injury Lawyers To File An Amusement Park Injury Claim
 

Our team of qualified personal injury and product liability lawyers at Texas Personal Injury Lawyers is well-equipped to aid you in your case. Our staff has previous experience handling personal injury cases throughout the state of Texas.

We offer a free case evaluation to assist you in determining whether or not you should pursue legal action. We’ll examine the grounds for your case and see if pursuing a lawsuit is in your best interests after you submit a case evaluation.

Contact Texas Personal Injury Lawyers right now to begin your free case evaluation.