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Of all injury cases that insurance companies do settle, 85% of these claims are comprised of people that are represented by injury lawyers.
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Amusement park accidents result in an alarming number of injuries. According to the U.S. Consumer Product Safety Commission, nearly 35,000 people visited an emergency room after being injured at an amusement park in 2021. The injuries often occur at fairs, festivals, carnivals, amusement parks, and theme parks.
Getting hurt is the last thing you want to deal with while you are just trying to enjoy a nice time out with family or friends. You hope that the pain from your amusement park injury goes away quickly, but what happens when it doesn’t? You may find yourself out of work with mounting medical bills and many unanswered questions. Here are some answers to real-life questions that our clients have after been injured while at an amusement park.
What are Common Amusement Park Accidents?
Almost any sort of accident can occur from an amusement park ride. With countless carnivals, festivals, and theme parks sprouting up across the country, accidents are wide-ranging.
Some common amusement park injuries include:
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brain aneurysms
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back and spinal cord injuries
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traumatic brain/head injuries
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stroke
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torn ligaments or tendons
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broken bones
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amputation
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paralysis
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drowning
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emotional distress
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What are Common Causes of Amusement Park Injuries?
When operators comply with safety standards and conduct routine inspections, most amusement park rides are kept reasonable safe. However, a lot of structural engineering goes into these rides, and for the ride to be in good working order all parts must be stable, functional, and properly maintained.
Some common causes of amusement park accidents include:
Mechanical Failure
Mechanical failures can arise from poor maintenance but can also simply occur over time. Cables can snap, restraints can fail, and rides can suddenly stop because of some mechanical failure. Many of these rides are in operation for over 12 hours a day, so wear and tear are not only likely, but must be planned for. If the ride has not undergone routine preventive maintenance, then mechanical failure isn’t only possible, it's simply a matter of time before it occurs.
Operator Error
An operator sets and manages the controls for many amusement park rides. These accidents tend to happen in traveling carnivals or fairs that do not always implement the same kind of safety standards such as large, fixed location amusement parks, like Disney World. The operator(s) could also be using drugs or alcohol, fall asleep, get distracted, lack experience, or make some other unreasonable mistake.
Instruction Failure
FAQS
A passenger on an amusement park ride must follow all the instructions and guidelines imposed by staff operating the ride. Ignoring these precautions or instructions can result in severe injury. However, sometimes amusement park staff fail to provide the required safety instructions for riders. This can have deadly and sometimes fatal consequences.
A Defective or Poorly Designed Ride
It can take numerous rides before design defects or poor construction come to light. However, some park owners may take a risk and open rides to the public before they have been sufficiently tested for safety. This can have catastrophic consequences.
Slip/Trip and Falls
Other accidents can happen at amusement parks that don’t occur on the ride. There are often ramps, platforms, or stairs that visitors must use to access a ride. If these access points aren’t properly maintained and cleaned, slips, trips, and falls may occur. The same can be said if these areas are wet or filled with debris.
What are Common Legal Claims in Amusement Park Accident Lawsuits?
There are several legal claims that can be filed after an amusement park injury. The exact claim will depend on the nature of the accident, but two types of claims are routinely filed in these cases: negligence and product liability.
What Amusement Park Accidents Are Caused by Negligence?
All amusement parks, carnivals, and theme parks have a duty of care to protect visitors from unreasonable harm. If an amusement park owner/operator fails to take reasonable precautions to protect a visitor from injury, they can be held liable for negligence.
Negligence can occur when someone at the amusement park, whether directly or indirectly, fails to act in a reasonable or responsible way. Because a visitor’s injury was a direct result of a park’s negligence, the visitor, or in some cases the visitor’s family, may be able to sue the amusement park for financial compensation.
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Common types of amusement park injury negligence claims include operator error, instruction failure, and failure to maintain mechanical parts. Any type of slip or trip and fall would also usually be caused by a person or park owner's negligence.
ADDITIONAL LOCATIONS
Who is Responsible for my Amusement Park Accident Injuries?
If you were involved in an accident while at an amusement park, you may be wondering who is responsible for my injuries? The answer depends on several factors, including how and where your accident occurred.
Responsible parties often include:
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amusement park owners,
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negligent ride operators,
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manufacturers of amusement park rides,
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security companies, and
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property management companies.
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Can I file a product liability claim?
A product liability claim can be filed on your behalf if you suffered injuries as a result of a ride’s manufacturing defect or flawed design. If there is an inherent design flaw to the ride, then a product liability claim holds the manufacturer liable for making a defective part or implementing a poor design. For your product liability claim to be successful, you must prove that this defective equipment or faulty design caused your injury.
How Can An Amusement Park Accident Attorney Help?
If you or a loved one has been injured in an amusement park accident, you may be wondering what to do next. You may be feeling overwhelmed and uncertain about your legal options. A skilled amusement park accident attorney can play a crucial role in helping you obtain the financial compensation you deserve for your injuries. They can help victims navigate the complex legal process, interview witnesses, and obtain crucial evidence.
Four reasons why you should consider hiring an amusement park accident attorney:
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Can file a claim on your behalf, while you focus on your recovery.
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Can help explain all your rights to compensation.
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Can hire expert witness(es) that will give testimony regarding a ride's defective design or faulty equipment.
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Can subpoena records and obtain crucial evidence needed to prove your case at trial.
At The G Law Group, P.A. our qualified amusement park accident attorneys will fight to ensure that you obtain every single penny in compensation that you are owed. We have the resources and experience needed to hold large amusement park owners and operators accountable for your injuries. Fill out the form below for a free case evaluation by one of our experienced amusement park accident attorneys. You can also reach us anytime by calling (305) 709-8877. We are here to fight for you.