Amusement parks are designed to deliver an enjoyable experience, but for many unsuspecting people, disaster is all that awaits. According to the US Consumer Product Safety Commission, there were 30,900 amusement park-related accidents in 2016 – an annual figure that has dropped slightly following the global pandemic. However, it still shines a light on how many days are ruined thanks to amusement park accidents, but who’s at fault?
Causes of Amusement Park Accidents
Amusement park accidents come in all shapes and sizes, from poorly maintained rides to operators with insufficient training. Before we begin talking about liability, here are the leading causes of amusement park accidents:
- Mechanical errors
- Weight or height restrictions neglected
- Inadequate supervision
- Poorly maintained attractions
Common Amusement Park Accident Injuries
Given the size and speed of many amusement park attractions, accidents often lead to horrific injuries that can change lives, and these include:
- Soft tissue damage
- Head and brain injuries
- Broken bones
- Back and spinal cord injuries
- Bruises and lacerations
- Drowning at water parks
The severity of these injuries varies from case to case, but it’s always essential for victims to report accidents to amusement park staff and then seek medical attention. When you do report the incident, ensure you are as thorough as possible and avoid saying anything to suggest you were at fault. Anything the theme park writes in their accident report—which you’ll take a copy of—can be used as evidence against you.
Who Is Responsible?
Amusement parks take health and safety extremely seriously, which is why they’ll do everything in their power to avoid taking accountability. However, everything from simple slips and falls to roller coaster restraint failure can lead to catastrophic injuries. In most cases, the responsibility lies with the theme park owner, but there are times when ride manufacturers and individual operating staff are to blame.
To avoid suffering substantial losses, theme parks have appropriate insurance in place, which is known as premises liability.
Premises Liability
Premises liability is taken out by all businesses to cover compensation claims for incidents that took place on their property, and that they were responsible for. As health and safety are extremely important in all industries, premises liability works on the premise that victims must prove beyond reasonable doubt that the business was to blame.
When an amusement park fails to act on a known issue, this would be a clear example of liability. For example, if a victim falls from a ride at a height because the restraints failed, and our top personal injury attorneys find evidence that the amusement park knew about this, a judge is likely to rule in the victim’s favor.
Comparative Fault
The Outdoor Amusement Business Association believes that around 60% of all amusement park incidents are caused by guest behavior. For example, if someone fell out of a ride, were they attempting to override the system? If a guest falls over on a sidewalk, did they take reasonable measures to look where they’re going? These are valid claims made by amusement parks, and there may be some truth to what they’re saying, but the existence of such claims doesn’t automatically indicate a lost case for compensation.
The majority of states adhere to a legal concept called comparative fault, which is where a jury is responsible for assessing how much liability each party has. To determine liability, the total comparative fault has to reach 100%. If a guest has acted irresponsibly, a jury could assign them 80% liability and the amusement park owner 20%.
Why You Need a Legal Representative
Amusement parks don’t like to put their hands up and accept liability for accidents because it leaves a poor consumer image behind. Therefore, they will do whatever they can to shift the blame to the victim.
Our expert accident injury lawyers understand the bully tactics employed by amusement park owners, and we simply won’t stand for it. After experiencing significant trauma, our team will treat you with compassion, and you deserve more than being pushed around by large corporations.
We have the resources to thoroughly investigate the incident, and we can gain access to amusement park records regarding maintenance, training, and other potentially vital evidence. Considering how much premises liability cases rely on evidence, this will be a critical asset in your favor.
The legal system surrounding premises liability claims can be complex, but our personal injury lawyer California can steer you through with ease on the back of years of experience. For the most part, we reach a fair settlement agreement without ever entering the court system. This is good for amusement parks because proceedings take place outside of the public eye and it’s better for you because there’s a lot less stress involved.
How Much Compensation Can You Win?
The amount of compensation you win will depend on whether the amusement park is found 100% liable or comparative fault kicks into play. Additionally, compensation will be determined by the extent of the damages.
Pain and suffering resulting from sustained injuries is the primary factor when it comes to generating a fair compensation figure. This takes into consideration the extent of your injuries, the cost of medical care, whether there’s ongoing care, and what changes there are to your quality of life.
Fair compensation also takes into account any financial losses caused by the accident. For example, catastrophic injuries may leave you unable to work and may mean being incapable of working again. Additionally, emotional trauma is included in the compensation rate assessment, and this includes conditions like PTSD, anxiety, depression, chronic stress, and a loss of enjoyment in life.
Wrongful Death and Amusement Park Accidents
In the most serious cases, amusement park accidents can be fatal, which means there’s no victim to stand up and claim compensation. When this happens, their close family can file a wrongful death lawsuit, which is designed to cover funeral costs, financial losses, and suffering.
Amusement park accidents can have devastating consequences including life-changing injuries and fatalities. Premises liability covers the cost of compensation, but victims must prove responsibility, which is where our personal injury law firm comes in.
If you have been injured at an amusement park, contact our legal team at What’s My Case Worth.
