An amusement park is a place for fun and excitement. These parks are made with the sole purpose of providing safe thrills for your friends and family, but what happens if tragedy strikes. In an instant a day of fun can turn into a nightmare if you are in an accident, and what are you able to do? If you or someone you know has been injured at an amusement park the path forward can be confusing and you may not know what you should do next. Are you even able to sue an amusement park for your injuries? The short answer: yes, but with a few caveats. In this article we will be breaking down how negligence plays a crucial role in whether you are able to sue an amusement park for your injuries, and what your next steps should be if you have been injured.
Understanding Negligence in Personal Injury Cases
Negligence is a foundational legal doctrine and this concept forms the foundation of nearly every personal injury claim, including those against an amusement park. As Salt Lake City personal injury attorneys we understand how to sue successfully for negligence, and you must establish these four elements:
Duty of Care: Duty of care is a term for businesses that means that they owe a safe environment for all of their patrons while they are on the premises. In the case of an amusement park, paying for your ticket ensures you this duty of care. This means that a theme park is required to maintain their rides, facilities, and grounds in a safe condition for all of their visitors.
Breach of Duty: A breach of duty means that a business has not maintained their premises to a reasonable standard; therefore, breaching the standards of care needed for their attendees. This breach of care can occur when the park or its employees fail to act as a reasonably prudent person under similar circumstances. For example, if the park did not regularly inspect and maintain a roller coaster, and a malfunction directly caused your injuries, this can be seen as a breach of duty.
Causation: This refers to what caused your injuries. If we use the previous example of getting injured due to a poorly maintained roller coaster, your Salt Lake City personal injury attorney will have to work to establish a direct link from your injury to the defective roller coaster.
Damages: Damages refer to any of the losses that you suffered from due to an accident. In this case these damages are in reference to the breach of duty from the theme park. These damages include any physical injuries you suffered from, medical bills, lost wages, pain and suffering, and any other losses that were incurred because of this accident.
How Amusement Park Negligence Occurs
Negligence at an amusement park can occur in several ways, some of the common causes of negligence include:
- Inadequate Maintenance: All rides and attractions should be regularly inspected and maintained. Failure to keep constant maintenance and inspecting these attractions regularly can lead to malfunctions which can cause serious injuries.
- Poorly Trained Staff: The staff at an amusement park should all be properly trained to operate rides safely, ensure the safety of all guests, as well as know how to respond properly to an emergency. Inadequacies in training can result in accidents that could have otherwise been prevented.
- Unsafe Conditions: Any unsafe conditions can be considered negligent, wet floors, uneven walkways, or a poorly lit area can lead to slip and fall accidents which can result in injuries. The park must ensure that all areas of the park are safe for visitors.
- Failure to Warn: If there are any risks that are associated with a ride or an attraction, then the park has a duty to provide adequate warning to all of its attendees. Failure to do so can be considered negligent, especially if the ride is particularly intense or has specific health risks associated with it.
Assumption of Risk and Waivers
One challenge that can arise when suing a theme park is the concept of the”assumption of risk”. This is a legal doctrine that suggests when you participate in certain activities, you accept the inherent risks associated with them. This doctrine can make a case against an amusement park difficult as they may argue that when you participate in certain activities then you accept the inherent risks that are associated with them.
Many amusement parks also require their patrons to sign a waiver to enter the park, or they may post signs to inform visitors about the risks that come with a ride. However, these signs and waivers do not absolve a park completely of liability. A skilled Utah personal injury attorney will be able to make a case for your injuries, especially if they were caused by the park’s negligence.
Filing a Lawsuit Against an Amusement Park
If you believe that your injuries were caused directly by the amusement park’s negligence, then what should you do next? Consider taking the following steps to ensure that your case is in a good place:
- Seek Medical Attention: Your health should always be your top priority after an accident. Make sure that you seek medical attention immediately after the accident. Seeking prompt treatment can help uncover all of the injuries that you have suffered from, as well as allow a doctor to create a treatment plan for your recovery.
- Document the Incident: Evidence is the most important part of a personal injury case against a theme park. Try and gather as much evidence as possible at the scene of the accident including photographs, witness statements, and any other information that may be able to help support your claim. Make sure that your accident has also been reported to the park’s management to ensure that an official report of the accident has been created.
- Consult with a Utah Personal Injury Attorney: Personal injury cases that involve an amusement park can be difficult to handle. These large corporations will try to push you around or will try to get you to drop your lawsuit, this is where the help of a skilled personal injury attorney can be vital. Your attorney will help fight for you, they will navigate the complicated legal landscape and ensure that your rights are protected.
- File a Claim: Filing a claim is an essential step to making sure that your case is on the record. Your personal injury attorney will help you detail the proper party and file the claim for you.
Amusement parks are places of fun for the whole family, but if you are injured they should be held liable for your injuries. A personal injury lawsuit against a theme park can be complicated and it will require proving that the park’s negligent actions led to your injuries. If you or someone you know was injured at a theme park, make sure that you reach out to the best Utah personal injury attorneys at LifeLaw Personal Injury.
Let our team of experts fight for you. With how complex these cases are, our attorneys will ensure that your case is treated with the highest priority and that you are taken care of every step of the way. Let LifeLaw get you the compensation you deserve, call us today for a free consultation and to discuss your options further.