Amusement park accidents, such as ride malfunctions and slip-and-fall accidents, may occur despite being a place intended for fun and enjoyment. In such a case, several parties, like employees or the amusement park company, may be liable for the incident. When determining liability, you must ensure that the party’s actions directly caused the accident.
In this article, you will learn how liability works in amusement park accidents and how to defend your rights.
Can Accidents Occur in Amusement Parks?
Despite safety regulations and regular inspections, accidents may occur in amusement parks. Did you know that roller coasters contribute to around 10.2% of injuries linked to amusement park rides in the United States? Additionally, 43% of roller coaster accidents occur at the highest point of a ride.
Mechanical failure is one of the most common reasons for amusement park accidents. Broken components or defective safety mechanisms can often cause incidents, especially if employees do not regularly check the ride components. Operator errors, such as improper loading or failure to follow safety procedures, may also contribute to amusement park accidents.
On the other hand, visitors’ behavior may also influence such occurrences. For instance, an accident may occur if the rider stands up on a moving ride or fails to secure safety restraints properly.
Some accidents in amusement parks include:
- Roller coaster derailments or failures
- Slip and fall accidents on wet or poorly maintained walkways
- Collisions between rides, trams, or with fixed objects
- Mechanical faults on water rides
- Amusement park accidents caused by flying debris or loose elements of rides
- Attractions that tip over or collapse
- Fires or electrical failures on attractions or in park infrastructures
- Guests failing to use ride safety devices or standing on rides
Overall, the amusement park and visitors should exercise caution when going to amusement parks. While amusement parks have the responsibility to ensure their visitors’ safety, guests must also follow the protocols to avoid amusement park accidents.
Do Liability Waivers Work for Amusement Parks?
Liability waivers, also known as release of liability agreements, are created to free an organization or company of liability while you use their services or products. By signing a liability waiver, you are accepting the risks and releasing the company of liability in case of an accident.
While not all parks are required, amusement parks may ask guests to sign a liability waiver, especially if the ride is too extreme or risky. Parks can also employ this if the visitor has specific conditions that may affect their safety when using their services, such as when the visitor is a minor or has a health condition.
Courts may invalidate waivers if they are deemed unethical, contrary to public policy, or include confusing language. They can also hold amusement parks liable in circumstances of extreme negligence, recklessness, or intentional wrongdoing. For instance, they can be responsible if they know the safety risks, yet they proceed with the ride.
Lawyer’s Tip: If you decline to sign the waiver because you disagree with its terms, it’s important to understand that the company reserves the right to withhold its services or products from you.
How Does Liability Work in Amusement Park Accidents?
If an accident occurs due to the amusement park’s negligence, they may be liable for the damages incurred by their guests. Usually, parks have insurance providers that cover the damage expenses of the victims.
Moreover, the amusement park’s liability falls under premise liability, which pertains to personal injury claims arising from accidents on someone else’s property. In such instances, the property owner may be held financially accountable if negligence on their part led to another person’s injuries.
Typically, establishing the property owner’s liability involves demonstrating these key points:
- The responsible party had a duty to uphold property maintenance standards.
- They failed to fulfill this duty, exhibiting negligence.
- The breach of duty directly contributed to the accident.
- You suffered actual harm as a result of the incident.
Note that when filing a premise liability claim for an accident in the amusement park, you must have evidence to show that the property’s actions caused the incident, such as:
- Photos or videos of the accident
- Witness testimonies
- Police Reports, among others
A California personal injury attorney can help you collect such evidence and prove liability, especially when going against large companies, such as amusement parks.
Who Can I Sue in an Accident in the Amusement Park?
Depending on the circumstances of the incident, other entities may be responsible for an amusement park accident.
The Amusement Park
Property owners must ensure the safety of their premises to protect visitors and customers from harm. They can be held accountable for accidents if they neglect to:
- Maintain their property by promptly addressing any hazards or defects.
- Warn visitors about unsafe conditions on the premises.
- Instruct their staff to uphold a hazard-free environment, especially during adverse weather or other incidents.
So, in an amusement park accident, the park owner may be liable if they neglect these duties, resulting in injuries to their visitors. For example, according to authorities, in a Universal Studios tram crash in April 2024, there was a possibility that the accident occurred due to brake issues of the tram. In such a case, the amusement park can be responsible for the injuries of the 15 victims since they failed to maintain the tram in good condition.
Amusement Park Employees
The employee might be held accountable for the amusement park accident if their carelessness or misconduct caused the incident, such as mishandling a ride or failing to report a safety hazard.
For instance, an employee failed to check the safety seatbelts in a ride, and one guest was unable to use them properly. Unfortunately, this resulted in an accident. In such an instance, the employee is responsible for the accident in the amusement park.
Note that under vicarious liability, the employer may be accountable for their employee’s negligence while the employee performs duties for the employer or during their employment. So, if the employee is liable for your amusement park accident, the park may still cover the damage expenses.
Another Visitor
Sometimes, another visitor may cause an accident in an amusement park. If the accident was caused by the negligence or intentional actions of another guest, they could be held responsible.
For example, another guest pushed you while lining up for a ride. Unfortunately, the area had a wet hazard, and you slipped. From the fall, you incurred severe back injuries. In such a circumstance, the other guest must cover your damage expenses associated with the back injuries.
While you have the right to compensation in an amusement park accident, it may be challenging to determine the liable party, especially if several factors influence the accident. It is best to contact a California personal injury attorney who can assess the facts of the situation, collect evidence, and prove liability to protect your rights.
When Is the Amusement Park Free of Liability?
Several instances may free the amusement park of liability. Understanding such circumstances is crucial to determining the liable party in your amusement park accident.
Visitor Signed a Liability Waiver
Assumption of risk is a legal principle in which a person deliberately exposes oneself to known risks and dangers linked with a specific activity. By doing so, they accept liability for any related injuries or losses.
Remember that when you sign a liability waiver, you acknowledge the risks and free the company of liability. So, if visitors willingly participate in activities with known risks, often denoted by warning signs or waivers, they may forfeit their right to sue for injury.
However, you may hold amusement parks accountable in cases of excessive carelessness, recklessness, or intentional wrongdoing, even if you signed a waiver. For example, they are responsible if they fail to attend to a safety hazard, resulting in an accident in the amusement park.
Unforeseeable Acts
The amusement park might not be held liable if an accident occurs as a result of an uncontrollable occurrence outside of its jurisdiction, such as a natural disaster or criminal activity.
For instance, if you were injured while illegally trespassing in the park, the park is free of liability for your damage expenses.
Visitor Misconduct
An amusement park may not be held responsible for an accident caused by a visitor’s misbehavior or disregard for safety regulations. This is because the visitor accepted the risk in their conduct, ultimately leading to the accident.
Let’s say a guest stood in the middle of the ride due to their fear. As a result, they fell and incurred injuries from the accident. In this case, the amusement park is not liable.
Third-Party Actions
Suppose the amusement park accident is caused by the activities of a third party unrelated to the park, such as another tourist or a vendor. In that case, the park may not be held responsible unless it failed to take reasonable precautions to avoid the incident.
How Can a California Personal Injury Attorney Help Me?
Filing a claim against large companies like amusement parks can become challenging. Usually, such entities have the resources to hire a robust legal team to avoid paying the damage expenses. What happens if you fail to secure evidence due to your injuries? The amusement park will likely insist that you don’t have enough evidence to make them responsible for the accident.
A California personal injury attorney has the expertise, experience, and resources to examine the circumstance, gather proof, and determine liability to defend your rights. They will also do the following to ensure you will receive the justice you deserve:
- Gather evidence to protect your claim.
- Determine who is at fault.
- Evaluate the complete scope of the damages.
- Communicate with the insurance provider.
- Initiate legal action if necessary.
Why Hire California Personal Injury Attorneys from Jacoby and Meyers
Numerous law firms throughout California assist those seeking compensation for accidents. However, Jacoby & Meyers stands out by offering an unparalleled legal process dedicated to upholding your rights, making us the preferred choice for accident victims.
Since 1972, Jacoby & Meyers has consistently defended the legal rights of individuals involved in amusement park accidents and secured substantial settlements. Our proven track record, surpassing $2 billion in settlements, highlights our dedication to our clients.
If you suffered injuries in a California accident, Jacoby & Meyers is here to help. We offer complimentary consultations for injury victims and operate on a contingency fee basis.
Jacoby and Meyers. Because Everyone Deserves Justice.
Hear From Our Past Clients
Instead of relying just on our guarantees, consider what satisfied clients say about our services.
“My experience with Jacoby & Meyers was amazing; they got me everything I deserved and more. They updated me with calls, texts, and emails. I don’t know how I would’ve made it through my accident process without their help. Thank you so much, Jacoby & Meyers! – Elisa S. “
Frequently Asked Questions
Do you have further questions regarding personal injury claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- How Does the Burden of Proof Work in Personal Injury Claims in California?
- How Do I Include Lost Wages in My Personal Injury Claim?
- My Personal Injury Settlement Check is Late; How Long Will It Take?
- How to Find the Best Personal Injury Lawyer
- Can I Receive a Settlement from an Accident in California after I Sign a Liability Waiver?
Works Cited
“assumption of risk | Wex | US Law | LII / Legal Information Institute.” Law.Cornell.Edu. Accessed 23 April 2024.
Lindner, Jannik. “Amusement Park Accident Statistics [Fresh Research] • Gitnux.” Gitnux. Accessed 23 April 2024.
McCarl, Daryl. “When Does Your Park Need a Waiver? Three Things to Consider | Open Space.” National Recreation and Park Association, 16 March 2022. Accessed 23 April 2024.
“What Is Vicarious Liability? Example and How to Avoid It.” Investopedia. Accessed 23 April 2024.
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