Determining Liability In Amusement Park Accidents

By on 6-28-2016 in Personal Injury

Determining Liability In Amusement Park Accidents

Amusement parks should be an epitome of fun and excitement for its visitors. Millions of people go to these places throughout the year for some all-out fun. For this reason, it is the job of the park owner to ensure the safety of the rides and the whole facility. However, this has not been the case given the spate of amusement park accidents. According to the website of Williams Kherkher, people can be at risk if park owners do not have safety regulations in place.

Amusement park injuries can range from mild to severe such as loss of limbs, neck strain and whiplash, shoulder strain, drowning, severe injuries after being thrown off from a ride, fractures, and others. There are many factors that can contribute to accidents and injuries in these facilities such as loose cables, broken safety harness/belt, design defects, or structural flaws.

Grounds for Liability

There are four possible grounds that you can have to make park owners liable for any injury that you may incur.

1. Negligence

State laws require amusement parks to ensure the safety of their facility. So for any injury or accident, you can hold them liable for their negligence in ensuring the safety of their rides or premises. Just like any negligence case, the plaintiff should prove that the defendant failed to practice their duty of care.

2. Product Liability

A product liability claim may be raised by a visitor if the park owner was found to have not made an action in properly maintaining, inspecting, or preventing injury. The plaintiff must prove that the defendant failed to reasonably care for them or could have done something to prevent the injury from taking place.

3. Premise Liability

The plaintiff should prove that the defendant failed to exercise reasonable care in the construction, management, and maintenance of the park premises.

4. Wrongful Death

In recent years, wrongful death cases involving amusement parks have amounted to $1 million in settlements and damages. Wrongful death cases result from the careless, reckless, or negligent act of another.

Filing The Case

To sue an amusement park, you need to gather evidence such as photographs of the ride or the scene of the accident. You should also take not of any conversations with park employees and what actions you took after the accident.
In addition, you need to seek medical attention so the doctor can fully evaluate the extent of your injury. Make sure to keep all the documents as this will help in determining the total amount you need to claim.