Who is Responsible for Injuries at an Amusement Park?
Summertime is the most popular time to go to an amusement park: they are a great place to have fun and let loose with family and friends. Unfortunately, the thrill of the rides, the fun of the arcades, and the sweetness of the cotton candy can quickly be forgotten in the wake of a serious injury. If you or someone you love is hurt while a guest at an amusement park, you have the right to seek compensation for your damages from those who are fault. But how do you determine who is responsible for that type of personal injury? The question of who is responsible is very much dependent upon how the injury occurs.
The Amusement Park
In most cases, it is the amusement park itself that can be found liable if they failed to provide a safe environment. Examples of this type of failure can include:
- Failing to make sure that a ride is well maintained and in proper condition
- Failure to have rides inspected on a regular basis
- Failure to train employees to provide safety instructions to passengers
- Failure to train employees to operate the ride properly
- Failure to post signs about known risks
- Failure to take certain safety precautions
Though an amusement park operator may try to shirk their responsibility by pointing to the actions of their employees, employers are generally considered to be responsible for their workers’ actions.
A Ride Manufacturer
If an injury is the result of a defect with a ride or piece of equipment, then responsibility may be a question of product liability. In these cases, either a design defect or structural defect is generally identified as the cause of the injury.
Owner of the Amusement Park Property
When the grounds of an amusement park are not properly maintained or are kept in a way that injuries are foreseeable, then they can be held responsible under the legal theory of premises liability. Property owners of all types are responsible for maintaining their property in a way that avoids injury and keeps visitors safe.
Though amusement parks often argue against their responsibility and even ask visitors to sign waivers before being allowed entry, in most cases they can still be found liable if it can be shown that they acted recklessly or without providing the appropriate duty of care. If you or someone you love has suffered a personal injury at an amusement park and need information about the options available to you, contact us today to set up a free consultation to discuss your situation.