Over 5,000 accidents occur in Amusement Parks across the country, according to the U.S. Product Safety Commission. Although there are no federal safety regulations designed specifically for amusement parks, amusement parks have to pass various rigid safety code inspections in order to be legible to operate in certain municipalities and states. Kids are more prone to injuries than adults when they visit amusement parks to have fun in New York City. An personal injury attorney with years of experience in litigating personal injury cases in amusement parks may be able to explain the legal theories and statutes surrounding amusement park personal injury cases.
The legal theory rests on the assumption that an amusement park has the responsibility to ensure that customers are having fun in a safe environment. Therefore, if an amusement park fails to provide safety with reasonable care, the park may be found liable for any injuries that may result. For instance, if a rider is not well inspected, the amusement park will be found liable for any injuries caused in case of an accident. The park can also be found liable if it didn’t provide clear instructions to passengers before a ride or improperly operates the equipment. In other words, it can be treated as an act of negligence if the owners of the amusement park failed to provide his or her employees with proper training on how to operate the equipment.
Other parties at the amusement park can also be found liable either wholly or partially if they fail to provide proper warning signs and risks to be avoided at the amusement park. In situations where the amusement park fails to provide certain safety precautions, it may be easier to prove your personal injury case.
A structural or design defect on the product may also lead to a product liability claim. For example, if a lap bar unlatches in the middle of a ride, then you can sue both the manufacturer and the amusement park. However, your personal injury attorney has the burden of proving that the product was defective or an alternative equipment could have prevented the injury or accident from happening.
The property owner is also required to maintain conditions that will prevent a foreseeable injury from occurring. In general, the owner of the property has the responsibility of ensuring that the facilities and grounds are maintained or managed in such a manner that they don’t predispose consumers to potential injuries. If he or she fails to take the necessary precautions, a personal injury lawsuit can be filed. More than one party can be held liable for paying compensation for a personal injury that occurred at an amusement park.
Types of amusement park injuries
Some of the common amusement parks and water parks injuries include:
Slip and fall accidents- these types of accidents can cause broken bones and concussions.
Untrained ride operators- these are accidents that occur when untrained or unsupervised ride operators are allowed to run amusement parks. For example, bikes may malfunction by getting stuck or jerking unnecessarily during a ride.
Amusement park rides- accidents that can result in death of the victims or cause injuries such as spinal cord injuries, amputations, or traumatic brain injuries.
Unsafe water rides- accidents that cause near drowning or drowning accidents.
Amusement parks can also argue certain defenses such as an assumption of the risk, not following safety procedures, and statutory defenses. Therefore, it’s wise to consult with an personal injury attorney who will help you pursue the personal injury case so as to increase your chances of getting the best possible outcome out of a settlement.