Amusement Park Accident Lawyers| Slip, Trip, and Falls
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Negligent amusement park and carnival operators are responsible for thousands of accidents every year. Here’s how to seek compensation for your amusement park injuries.
More than 43,000 Americans seek medical attention for injuries sustained in amusement parks annually, with those under 24 disproportionately affected.
A daily average of 117 injuries is a very serious matter.
As opposed to permanently located theme and amusement parks, which are only regulated at the state level, the federal government has some jurisdiction over travelling carnivals.
Amusement park safety laws exist in all but six of the 50 states. Alabama, Mississippi, Montana, Nevada, Wyoming, and Utah are the six states with no regulatory authority.
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Dangers At Amusement Parks And How To Prevent Them
Ride Operator Error: The risk of injury is the same whether you’re visiting a small town fair or a huge, well-known amusement park. It’s not the park’s size that matters regarding the most common causes of accidents.
Accidents caused by operator error occur most frequently at mobile carnivals and permanently installed attractions like those found in theme parks and amusement parks. It is much more common for workers with travelling carnivals to be underpaid, untrained, and/or have dubious credentials.
Intoxicated or drowsy operators, visitors who distract them, and other factors contribute to accidents on amusement park rides.
Lackadaisical drivers frequently miss seeing passengers who have fallen ill or been hurt while riding. This makes it more likely that they will ignore emerging mechanical issues with the attraction.
Thematic amusement parks are less likely to have problems with inexperienced or unqualified ride operators. Theme parks are owned and operated by large corporations. To work for these companies, ride operators typically need to pass rigorous drug tests. They start as apprentices and go through extensive training before they are allowed to operate rides.
A single “carny handles the rides at most fairs and carnivals.” Still, two or even three employees are normally responsible for keeping things running smoothly in permanent amusement parks.
Amusement park rides can break down any time, even if they are well-maintained. Age and lack of maintenance are common causes of mechanical breakdowns. Up to 14 hours daily, the ride mechanics are in non-stop operation.
Eventually, mechanical failure will occur even with the finest upkeep. Failure of the rides’ mechanics can cause them to stop unexpectedly, crash into one another, eject people, or simply not stop when they’re supposed to.
Many amusement parks, especially theme parks, always add new and more thrilling rides to stay competitive. Unfortunately, some of these rides have poor design and are defective. In some cases, proprietors put rides out there without first ensuring their safety and fixing any design issues.
It may take thousands of riders for a safety flaw to be discovered, but the consequences can be extremely severe when it does.
Attempted Robberies and Assaults are on the Rise at Amusement Parks. Tourists are easy prey for thieves since they tend to carry large amounts of cash to buy ride tickets, fast food, and souvenirs. When on-site security is either inadequately staffed or poorly trained, crimes frequently go unpunished.
Wet steps, unstable platforms for going on and off rides, huge wires, debris on the ground, and other hazards create the perfect storm for visitors to amusement parks to slip, fall, and get injured.
Theme Parks Owe You A Duty Of Care
The general duty of care requirements still apply when a given state does not have amusement park or carnival-specific restrictions. This means that owners of amusement parks must take all precautions necessary to ensure the safety of their guests.
The owners of amusement parks must ensure the safety of their patrons, and if they fail in this duty, they may be held liable for any injuries that may occur (or duty of care).
Negligence is when the amusement park administration, or one of the personnel, fails to act appropriately or does something no reasonable person would do. When their negligence causes injury, the amusement park is accountable, meaning responsible, for your damages.
You may be awarded damages to cover medical and treatment costs, out-of-pocket medical expenses, lost wages, and mental anguish.
There is a duty of care owed to you by the amusement park, but the burden of proof rests with you to show that the facility was negligent in causing your injuries.
If you were hurt at an amusement park, you could hold the park responsible by demonstrating:
- An risky condition caused your injuries.
- In addition, park officials either were aware of the danger or should have been.
- The park did not remove or remedy the dangerous condition.
- The dangerous state was the direct cause of your injuries.
- If it weren’t for the hazardous situation, you wouldn’t have been wounded.
- You were hurt through no fault of your own in point number six.
- Injuring yourself is a fact that can be verified by a doctor (7).
Do Your Best To Back Up Your Statement With Convincing Evidence.
You are entitled to financial compensation if you have been hurt in an accident at an amusement park. If you want your insurance claim against the park to be successful, you’ll need solid evidence showing that its negligence directly resulted in the losses you incurred.
Don’t be shy about informing someone about your injury. I implore you not to flee the situation! If you have been hurt while riding, please inform the ride operator so that they can assist you. If the injury is significant, have someone dial 911.
Security guards and medical staff are always on hand at larger amusement parks. They’ll provide you with first aid and advise you on whether or not you need to go to the hospital’s emergency department.
In the event of an injury sustained at an amusement park, you should never delay seeking medical assistance. Your insurance company would likely dismiss your claim, claiming that your injuries did not occur in the park.
Assume the restraint harness came away while riding, and you smacked your head on the inside of the container. Your head hurt, and you felt sick when you got off the ride. After striking your head on the compartment and breaking the strap, you left the park instead of reporting the incident.
The next morning, you felt even worse than before. A brain concussion was diagnosed after your companion transported you to the emergency department.
Now, if you go back to the amusement park to report your injury, a representative from the corporation can declare that you were hurt due to something else.
If you notify park security and medical staff immediately, they can create an incident or injury report. A direct causal relationship between the ride and the damaged harness and the resulting concussion is established in the report.
Confer with eyewitnesses: There is no substitute for having reliable witnesses. They provide immediate credibility to your accident claim. The most reliable eyewitnesses are those who are not directly involved. Without any vested interest in the outcome of your claim, the insurance provider is more likely to take the word of impartial witnesses.
An eyewitness can confirm the origin of metal debris, such as if you were standing near a ride when a piece of metal flew off the ride and severed your arm. An observer can connect the breakdown of the ride to your injuries.
Find the witnesses’ names and how to get in touch with them. So that everything can be documented, have the witness write down their account of events and sign and date it.
Take pictures, record video, and listen to music: Most smartphones today include a built-in camera and video recording capabilities. Evidence from still images, moving images, and sound recordings should not be discounted.
Safely, take as many images as possible from around the accident area. The best way to heal from an injury is to find the root of the problem that led to it.
If you’re walking up to the ride and fall on a broken step and slash your leg, pull out your phone and take a picture of the scene. Document the damaged step using photographs or film. Repeat the process on your leg injuries. Please let the ride operator know about your injury and request medical attention.
Save time by recording your interaction with the operator while you wait. The operator may admit they were aware of the damaged step, saying something like, “Yeah, we knew that step was broken.” I told them about it, but they haven’t rectified it yet.
Another possible response from the operator is, “Hey, that’s not my problem.”
The use of any type of statement might strengthen your case. The amusement park’s negligence is strengthened by accepting the broken step. The business does not share the careless attitude of the harsh remark with its clients. The amusement park proprietors would rather not have a jury hear that.
Find out if your losses are legitimate: Obtain duplicates of all relevant paperwork, including medical records, bills, and out-of-pocket costs. If you were injured and unable to work, you should request a statement detailing the amount of money you lost from missing work. Include in the letter that your absence cost you a bonus or other financial award.
Park Injuries And Reimbursements
The process of filing a claim for damages following an accident at an amusement park begins with contacting the park’s administration. If you’re at a major park, you may expect the security and medical staff to fill out an incident report after they’ve helped you.
Even if you don’t think your injury is serious enough to warrant emergency medical attention, you should report it to the park’s administration. If an injury or mishap occurs, a park ranger will most likely ask you to fill out a report. Put in as much detail as you can. You should inquire about the insurance company’s contact details.
Talk to the proprietor if you find yourself at a smaller, itinerant fair. A management office might not exist, and the carnival staff might not be eager to assist you.
Instead of trying to reason with the carnival staff, you should talk to the police. It is common practice for cities and towns to require permits from travelling carnivals.
The local police station can document your complaint and possibly connect you with the carnival’s management or insurer.
Mutual Relations With The Insurance Company
Cuts, scratches, bruises, sprains, and similar injuries to soft tissue often recover in a few days to a week with no lasting effects. After fully recovering from your injuries, you may typically settle your claim with the insurance company fairly.
You can determine an appropriate compensation sum by adding up your medical costs, out-of-pocket expenses like prescription drugs or crutches, and your missed wages. To account for your emotional distress, double or even triple that amount.
Make sure your request is in writing. Include supporting documentation such as bills, receipts, photos, etc.
Luckily, you can use this example of a demand letter for a personal injury claim to help you get started.
When Winning Is Important, And You Need A Hand
It is extremely difficult to succeed on your own in a dispute involving serious damage or wrongful death. The insurance company may offer you a pitiful sum only to get you to sign a release and leave but rest assured they have no intention of actually paying you what your claim is truly worth.
Big-name amusement park insurance firms will battle you at every turn. There are a few obstacles you might run into:
- Comparative Fault:The insurance company may refuse or undervalue your claim based on the theory of “comparative fault,” which holds that you share some responsibility for the incident that resulted in your injuries.
- Assumption of Risk:When an individual knows a ride or activity is risky but still decides to participate in it, the insurance company may claim the individual has no right to pay under the assumption of risk doctrine.
- Liability Waivers: To forego or relinquish something is to waive it. The insurance company may claim that you agreed not to hold the park responsible for any injuries by reading the fine print on the back of your ticket.
The amusement park and its insurance lawyers won’t stand a chance against an experienced personal injury attorney. Your attorney can assist you in proving what happened and finding additional possible defendants, such as the maker of the faulty ride.
There is too much to go it alone against the insurance provider.
Don’t let a major injury at an amusement park keep you from collecting the money you need. Discovering what a skilled personal injury lawyer can accomplish for you is free of charge and carries no risk.
After Getting Hurt At A Theme Park, What Should I Do To Get Better?
When people think of Colorado, they often think of the many amusement and theme parks that can be found there. Going to an amusement park with the family can be a lot of fun, but it also carries the potential of injury due to thrill attractions like roller coasters and water slides.
Amusement parks have a high risk of injury due to the wide variety of possible incidents. Furthermore, negligence is often to blame for mishaps in amusement parks. Injured parties may seek compensation by filing a premises liability lawsuit in a state or federal court.
You may need to do a lot of research and gather a lot of proof if you’ve been hurt at an amusement park. This is one of many reasons you should contact the Warrior Personal Accident Lawyers as soon as possible after suffering an injury. We can assess your case and help you seek compensation for any costs associated with your injuries sustained at an amusement park.
Dangers On Trips
Most ride-related injuries at amusement parks occur to riders. Injuries on rides like roller coasters can be caused by a wide variety of careless or reckless actions. The following are some frequent forms of carelessness that occur during rides:
- Poorly trained ride operators or other employees
- Operator inattention or other errors on the part of the ride
- Failing to adequately warn customers about the dangers of riding rides while experiencing specific health problems or circumstances
- Issues with the ride’s track, brakes, or electrics due to shoddy engineering.
- Restraints and lap bars that don’t work properly
- Supporting riders of all sizes on the ride
- Inadequate inspection or maintenance of the ride leads to mechanical breakdown or other issues
- The recklessness of other bikers or parkgoers
- Not adhering to any of Colorado’s or the federal government’s amusement ride safety regulations
While some rides may result in minor injuries, others can prove fatal.
Several Other Injuries At Entertainment Venues
It’s not just the roller coasters at an amusement park that have the potential to cause injury. Several types of incidents might result in multiple guests being injured.
- Slip and falls caused by dangers on walkways, on stairs, or other risky conditions in common places
- Drownings due to unsafe pools or other water attractions
- Poisoning from eating at restaurants or street carts
- Inadequate security has resulted in the following:
- Accidents on park transit vehicles, such as trams, trolleys, trains, or carts
- Many red tapes could be involved in filing a claim for an amusement park.
The amusement park management and owners are well aware of the potential for serious injuries to guests. As a result, parks typically have insurance and legal teams ready to defend against personal injury claims.
They intend to exploit legal principles like the assumption of risk and comparative negligence to reduce or eliminate compensation for hurt customers. In many cases, insurance adjusters will attempt to coerce wounded customers into accepting grossly inadequate settlement offers to cover the costs associated with their injuries.
Call the Warrior Personal Injury Lawyers’ premises liability team at 719-300-1100 immediately for a free consultation if you were injured at an amusement park. To ensure that negligent amusement parks are held accountable, we know how to take on major corporations in court and deal with insurance companies.
Accident And Injury Attorneys For Amusement Parks
Around 335 million people in the United States annually attend amusement parks. The highest possible safety measures should be in place to protect riders in light of the high number of riders. Nonetheless, a few states don’t even have rules in place to ensure the safety of amusement park attractions.
Amusement park owners, manufacturers, and operators must keep riders reasonably safe, regardless of whether or not regulations require it.
If you or a loved one sustain injuries at an amusement park, you may have legal recourse against the park, its management, or the makers of the hazardous ride. Some of the people hurt in the these types of accidents are among the amusement park injury clients we’ve represented. Our firm represents clients who have been hurt due to another party’s carelessness in dozens of other areas of law, including auto accident victims, people who have experienced medical malpractice, and many more.
Make no-risk use of our free initial consultation by contacting our attorneys today.
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Give us the details of your case so we can begin advocating on your behalf. Depending on the specifics of each situation, we take various approaches.
The U.S. Consumer Product Safety Commission reports that in 2016, 30,900 people required medical attention due to injuries sustained on amusement park rides (CPSC).
Injuries sustained by infants and toddlers are included in this total. According to research done in 2013 by Nationwide Children’s Hospital, over 4,000 children are treated in emergency rooms annually due to amusement park accidents. This amounts to roughly 20 injuries per summer day. The average age of 8 years old has been established for the injured.
Injuries That Are Frequently Suffered At Amusement Parks
The Nationwide Children’s Hospital found that the head and neck were the most frequently affected areas.
The following are some other frequent injuries sustained in amusement parks:
o Injuries to the head, neck, back, or spine
o Motion sickness symptoms such as nausea and dizziness, Bruises and cuts
o Ruptured ligaments o Fractured skeleton
o Hypoxia o Cerebral Aneurysm o Closed Head Injury (TBI)
What Leads To Visitor Injuries At An Amusement Park
Amusement parks can only provide the best possible experience if the rides there are in good working order and are well-built and if the ride operators keep an eye on things.
When accidents do happen, they are usually the result of one of the following.
- Breaking wires, malfunctioning brakes or restraints, and stranded rides are all examples of mechanical problems. A common issue for tourist destinations is corrosion.
- Human mistakes include insufficient room between riders, no safety netting or other features being used, suddenly ending rides, or improperly restraining riders.
- Customers, vehicles, walls, and ride infrastructure are all fair game for collisions.
- Ejections from rides, such as falling off of automobiles, swings, slides, or being flung from inflatable devices
- Some rides are risky even when restrained because of poor design.
- Customer negligence, including disregarding warnings about height, health, or other safety precautions.
- Unrestrained attractions (such as water slides or inflatable gadgets) can be more dangerous than restrained ones because of the potential for injury. Owners and operators are responsible for warning customers about their services’ dangers.
Tell Me If Attractions In Theme Parks Are Governed
State and municipal governments are responsible for overseeing the safety of amusement park rides; however, not all states have such rules in place.
There are no regulations or rules to ensure guest safety at amusement parks in three states.
Alabama, Arizona, Mississippi, Montana, Nevada, North Dakota, South Dakota, Utah, and Wyoming are the only nine states without a regulatory body responsible for amusement park safety. Neither rules nor laws regarding the safety of amusement parks exist in the states of Alabama, Mississippi, or Wyoming.
The state’s Department of Agriculture governs small amusement parks and carnivals in Florida. Accident reports and investigations are not required of Walt Disney World, Universal Studios, SeaWorld, or Busch Gardens.
However, things weren’t always like this. Amusement parks and travelling carnivals were previously governed by the Consumer Product Safety Commission (CPSC). Still, in 1981 Congress passed a law that blocked the CPSC from conducting investigations into accidents at amusement parks, disclosing accident data to ride manufacturers and operators, and mandating that ride manufacturers fix unsafe design flaws.
The Consumer Product Safety Commission (CPSC) was disbanded, leading to a regulatory patchwork. It was in 1999 that then-Rep. Ed Markey (D-Massachusetts) presented a bill to restore federal oversight of amusement parks. But, as reported by Consumers Digest, the International Association of Amusement Parks and Attractions (IAAPA) spent $11 million on lobbying efforts to kill the bill.
Former Six Flags executive and current IAAPA board member Jim Prager fought for the amusement park regulation loophole in 1981. In a recent interview with CNN, he agreed it was a mistake to give control of amusement parks to the states and local governments.
He stated that the law’s current version “does not well benefit children.” We should do more to ensure the safety of rides, as we have not yet done enough.
After Several Fatal Accidents At Amusement Parks, Lawsuits Were Filed.
Two riders fell 34 feet when the roller coaster Sand Blaster derailed.
More stringent safety standards are needed since there are a few fatal accidents in addition to the tens of thousands of injuries that occur annually.
Five people were injured in the Sand Blaster disaster in Daytona Beach, and attorney Matt Morgan is representing them. The roller coaster partially derailed injured nine people on the 14th of June 2018, sending two riders tumbling 34 feet while others waited to be rescued. There were claims that the ride had previously failed safety inspections due to excessive corrosion and other issues.
The 2017 Fire Ball mishap at the Ohio State Fair was exacerbated by corrosion that had built up to dangerous levels. The ride’s gondola broke free and crashed into a metal beam. At least one patron was killed, and seven more were hurt.
After a fatal accident in 2016, visitors to Kansas City’s Schlitterbahn Waterpark could not ride the Verruckt water slide, which had been billed as the world’s highest. A youngster of ten years old lost his head when the raft he was riding in became airborne and crashed into a metal bar. The ride’s owners and manufacturers paid the boy’s family $20 million in compensation.
Who Is Liable If You Get Injured At A Fun Center?
Those who sustain injuries while enjoying an amusement park’s attraction may have legal recourse against the park, the ride’s manufacturer, and any other entities involved in the attraction’s creation or maintenance.
- Owners of amusement parks
- Amusement Park Owners & Managers
Damages for the victim’s pain and suffering, medical expenses, lost wages (past and future), and other losses may be recovered if any of these parties are proven liable for the patron’s harm.
- Did you get hurt while visiting one of the amusement park rides? Make Sure You Get in Touch With Our Legal Team Today
Amusement park rides should give riders the impression of danger without putting riders in danger or putting them in the hospital.
You might be entitled to financial compensation if you or a loved one were hurt while using an attraction at a water park or amusement park. Get in touch with us immediately for a free, no-risk assessment of your legal situation.
I Was Hurt While On A Ride At A Denver Amusement Park; What Should I Do Now?
Walt Disney World in Colorado Springs and Busch Gardens in Denver attract visitors from all over the world, and rightfully so. Nothing beats a trip to the amusement park for a fun and memorable family outing.
There is entertainment for people of all ages, from rides and carnival games to concerts and shows. These locations provide thrills without the threat of actual danger. Rides are maintained and inspected regularly, but accidents can still happen if care is not taken.
The Colorado Department of Agriculture and Consumer Services has released a report stating that a 12-year-old kid had significant lacerations on four fingers in mid-April while riding the Pirates of the Caribbean attraction at Disney World. Similar to this ride, a British visitor lost two fingers on his right hand.
You might not think of it as funny when you’re hurt at an amusement park. For example, if you were hurt at Busch Gardens in Colorado Springs, you could file a claim for damages under tort laws about general negligence, product liability, and premises liability.
It’s easy to see how all-encompassing the word “general negligence” is. Injuries, anguish, and suffering are all things that can be traced back to carelessness.
To illustrate the concept of “product liability,” consider the situation in which the headrest on a roller coaster seat failed, causing the rider’s neck to be forced back farther than it should have been.
This might lead to overextension injuries, minor nerve damage, or Whiplash. Product liability is a fairly complex legal field that covers numerous parties ranging from employees, product producers, ride assemblers, and many more.
Compared to the other two categories, “Premises Liability” features the most subcategories. It all depends upon what type of attendance you were, if you were invited, what sort of treatment they provided you as a guest, etc. The park is expected and legally compelled to present park attendees with specific information and cautions (through signage, releases, contracts, etc.). Failing to do so is more prevalent than you’d imagine.
Who Is Liable For Amusement Park Injuries?
To keep their customers happy, amusement parks must guarantee that:
- All rides and equipment are in good operating order.
- Warnings are placed if a ride is risky for someone suffering from a medical condition.
- Several signs are up to make riders aware of the dangers they face.
- Ride attendants have received adequate training, and all rides have passed inspection.
- Riders are given clear and precise directions.
If the ride’s components are malfunctioning, the manufacturer may also be held responsible. It’s also possible for riders to be hurt if the ride’s construction or design is flawed. The assumption of risk is used as a defence by amusement parks when a guest chooses to participate in an activity despite being informed of the potential dangers.
However, this does not automatically apply to anybody who rides a roller coaster, even if they know the risks. The participant must accept risks. There is no way for a rider to tell if the ride has been properly inspected or if a wheel on the cart is excessively loose.
The rider must also follow safety regulations, such as wearing a seatbelt, keeping both hands and feet within the vehicle, and not exceeding the maximum height and weight allowed. Amusement parks are unlikely to be held liable for injuries sustained by riders who disobey posted safety guidelines.
Can I Get Money For My Injuries?
Reading an imprecise article is not going to help you with this problem. In light of the warnings above, waivers, contracts, etc., you should know that stepping foot on a roller coaster or other amusement park ride constitutes an assumption of risk on your part. They warned you of the potential for harm, so they bear no responsibility for it if it does occur.
However, things aren’t quite so easy to solve. Warning signs like “Could cause injury or death” do not provide automatic immunity from legal liability. The jury’s verdict and the judge’s ultimate decision are all variables in this equation, as are the kind and extent of the injuries sustained.
(If you want a free, objective assessment of the merits of your injury claim from a legal expert, you should consult with a seasoned and licensed attorney who handles such cases.)
Contact Personal Injury Attorneys In Denver Claims Counsel For Damages Sustained On The Premises Of The Warrior
If amusement parks fail to properly maintain their rides and train their employees, visitors could sustain serious injuries.
Similarly to the report described before in this article, no parent should have to experience the trauma of seeing their child suffer on a day when nothing but the joy was planned. When someone else’s carelessness causes you pain, we at Warrior Personal Injury Lawyers will fight to make them pay.
For a free consultation with a personal injury attorney, call 719-300-1100 or email firstname.lastname@example.org and let us know that you or a loved one was injured while riding an amusement park ride, and you believe it was the park’s fault. We’ll evaluate your claim for free to see if you qualify for compensation.
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