Amusement parks are often considered oases of fun and thrill; most patrons leave with smiles. However, in some unfortunate cases, trips to these places can result in unnecessary harm and life-changing injuries. A roller coaster accident lawyer has been instrumental in representing clients enduring such hardships, and their findings highlight a few common factors contributing to amusement park claims.
Causes of Accidents at Amusement Parks and Roller Coasters
The potential reasons behind such accidents are varied, encompassing:
- Insufficient security implementation,
- Maintenance staff with inadequate training,
- Neglect of maintenance needs concerning roller coasters,
- Use of substandard materials in roller coaster construction,
- Faulty or poorly designed restraint systems,
- Reckless operation of roller coasters by amusement park staff and
- Serving of hazardous food.
Identifying the leading cause of an accident is crucial in securing compensation.
The Consequences Of Roller Coaster Accidents
Amusement park accidents, particularly those involving roller coasters, tend to result in far-reaching harm. Due to modern rides' high speeds and elevation, such incidents often translate to grave, if not fatal, consequences.
Some common injuries faced by clients of our roller coaster accident lawyer include:
- Broken Bones
- Heart Attacks
- Amputations
- Cognitive Impairment
- Paralysis
These injuries may even cause wrongful death in severe circumstances.
Who is Liable in an Amusement Park Injury?
People unfortunate enough to sustain injuries on amusement park rides typically seek legal remedies by filing personal injury lawsuits against several parties, such as the ride owners, operators, and even the ride manufacturers.
Understanding Potential Legal Claims in Amusement Park Accident Lawsuits
Several legal claims could be pursued after an amusement park accident or injury. Primarily, these revolve around two theories of liability: negligence and product liability.
When Does Negligence Come into Play?
The logical legal claim would sideline negligence when an amusement park accident results from carelessness or lack of focus. To contest a standard negligence claim, the person filing the lawsuit (known as the "plaintiff") has to demonstrate that the person or entity being sued (the "defendant") bore a legal duty to practice reasonable caution, violated this duty, and their lack of care resulted in the plaintiff's injuries.
Per the legal theory of "respondeat superior," amusement parks, as employers, are generally held responsible for the actions of their employees. Therefore, it can be beneficial to consider suing the ride operator and the amusement park's owner or carnival.
Negligence related to amusement park rides could involve:
- Insufficient training of ride operators
- Neglect in maintaining equipment in a safe state
- Failure to conduct regular ride inspections
- Improper operation of the rides
- Lack of proper instructions to riders
- Failure to display clear warning signs about potential ride-associated risks.
Invoking Product Liability
There are instances where amusement park accidents stem from design-related flaws and defective parts rather than falling short on maintenance, inspection, operation, or usage. For example, the inadequate design of a lap bar might unlatch in the course of the ride, leading the rider to fall from the ride.
In cases where the amusement park injury is down to a defective product or design, you can sue the manufacturer for product liability and, in some instances, even against the seller of the ride. You'll typically be required to prove that the ride's design, equipment, or structure was defective and that this specific defect directly caused your injury.
Can Victims Obtain Assistance If Injured at an Amusement Park?
Victims can obtain assistance if they've been injured at an amusement park.
Are you or a loved one grappling with the aftermath of an amusement park accident and struggling to navigate the legal complexities of injury claims? Take solace in the fact that our expert amusement park lawyers are just a call away.
Benefit from the expert advice and representation of our seasoned team that has navigated countless others through the trauma of such experiences towards the justice they rightfully deserved. Secure your future, stand up for your rights, and contact our legal professionals today.
