Amusement parks provide an entertaining experience to everyone. At times, the trip can be troublesome if one gets injured at the park. Such a problematic situation results in costly damages. Other problems associated with it include medical treatment, lost wages, and suffering.
At times, there comes a need to speak with an experienced personal injury attorney. According to the U.S. Consumer Product Safety Commission, the estimated number of injuries in amusement park attractions is around 30,900 every year.
This article will throw some light on whether you can receive compensation if you get hurt at an amusement park. You can get assistance from a theme park accident attorney. Pursuing monetary damages is a complicated process because of the related entities. The park’s attorneys are experienced at reducing the money that you can collect from them.
Amusement Park Owner’s Responsibility
The company operating the park is legally responsible for the damages, but there are limitations to its liability.
- Negligence makes an amusement park responsible for injuries. Improperly maintained or inspected rides or premises that aren’t safe for visitors become a cause for concern. Park employees giving the visitor improper instructions constitute negligence. Failing to provide proper warnings can result in visitors being hurt. In this regard, the injured visitors can sue the park owner.
Some states have laws that state amusement parks should take certain strict safety precautions. Failing to do so means a legal presumption that the park owners are negligent. Such a situation means it becomes easier to prove a claim against the park. Owners and operators of some states will only be liable when there’s enough proof supporting their negligence.
- Product liability is the situation that comes into play when the rides are inherently dangerous. It happens due to a lack of proper maintenance and inspection. In the case of an injury, the injured person has the right to sue both the owner and the company. But, this situation demands an alternative design that could’ve prevented the injury. With that, the procedure becomes difficult and expensive.
- Premises liability demands that property owners exercise reasonable care in the construction, management, and maintenance of amusement park zones. The owner is liable for injuries on the property if they fail to take reasonable care. Also, wrongful death happens due to carelessness, recklessness, or negligence of the amusement park owner.
Suing an Amusement Park Owner
The procedure is quite lengthy, and you will have to take the following steps –
- Collecting the available evidence is the first step. You have to take photos of the scene of the accident. Note down conversations with park employees and record the action that was taken by the park.
- Getting medical attention is the second step. You need to visit a doctor who will evaluate the extent of your injuries. Besides, stay prepared with the prognosis for recovery and the necessary short or long-term treatment.
- Document all your losses in the mandatory preparation. Keep evidence of all your losses in terms of medical treatment, health, or in-home costs.
- You should note the insurance and hospital paperwork. Keep the complete paperwork related to medical health insurance plan coverage and proof of hospital invoices and insurance payments ready with you. The paperwork is vital to lawsuits.
When a Park isn’t Liable
Assumption of Risk
Amusement parks have credible defenses referred to as assumption of risk. The person knowingly taking part in a risky activity will be responsible in such a case. In some states, the assumption of risk laws is applicable in limited circumstances. Customers knowingly breaking park rules or not complying with safety instructions are responsible for the injuries that they face.
Disclaimers regarding the Amusement Park Admission Tickets
The amusement park can argue their case based on the disclaimer on the amusement park ticket. This implies that you won’t always get the freedom of filing a lawsuit against it.
Judges know that certain people never read the disclaimer. This is the point that brings in many conflicts. Besides, the rules vary from one state to the other. To get adequate help, you will have to take assistance from attorneys.
To avoid injuries, it’s always advisable to take precautions when visiting an amusement park. Besides, you should always consider the safety tips listed on the website.
You can take the help of personal injury attorneys in your geographical area to evaluate your case. They can also help in calculating the damages. They assist in leveling the playing field against opposing attorneys.
This aspect ensures the best chance to recover the money you need in compensation. Personal injury attorneys can also guarantee you free consultations, so you can get their assistance to the maximum extent. If you want to get other information, feel free to contact us.
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