As the COVID-19 pandemic begins to recede and the weather continues to warm up, large social gatherings will once again be a part of our lives. That includes the reopening of amusement parks, to the delight of thrill-seekers everywhere. Unfortunately, more than 1000 people suffer amusement park injuries every year, which inevitably leads to the question—who is liable for those personal injuries?
Types of Accidents or Injuries
Injuries caused by rollercoasters or other big rides are probably the first things that come to mind. While we will mostly address this type of personal injury in this blog, other amusement park injuries can include:
- Slips and falls
- Drowning accidents
- Food poisoning
Each of these situations can lead to a possible personal injury claim. Who is at fault—the amusement park, individual employees or ride manufacturers—depends on the exact nature of the incident.
Types of Liability
Premises liability describes a set of laws used to determine liability when the use of a ride or other park activity causes injury. In this type of situation, the injured visitor needs to prove that negligence caused their injury. The injured party can file a case against ride owners or operators for:
- Operating a ride improperly
- Failure to train ride operators
- Negligent inspection of the attraction
If a visitor is injured by a defective ride, they can file a product liability lawsuit against the ride manufacturer. In this case, the visitor must show that the faulty construction or design was the cause of the injury.
Compensation and Viability
It is important that we note the distinction between an invitee and a trespasser. An amusement park is only responsible for maintaining safe conditions for those who were actually admitted to the park. The park must inform invitees about any potentially dangerous conditions inside. This doesn’t apply to trespassers; their only protection is from intentional, unnecessary harm.
With that in mind, if you sustain an injury in an amusement park, you may be able to file a personal injury claim. You can seek damages that include:
- Lost wages
- Medical bills
- Pain and suffering
If this is the case, reach out to us for expert guidance. We can help you determine what compensation you may be entitled to.