Amusement Ride Injury

Amusement parks, theme parks and traveling carnivals attract millions of visitors each year with promises of safe family entertainment. Each year more than 10,000 people visit hospital emergency rooms for injuries suffered on an amusement ride. While many amusement park ride injuries are minor, an average of 4.5 per year results in death. Amusement park visitors also suffer injuries on amusement park premises and in amusement park parking lots.

While some states regulate amusement parks, there are no federal laws establishing minimum safety standards for amusement parks. If you or a loved one have been injured at an amusement park, chances are that the law of the state where you live or where the injury took place will control any lawsuit you may bring.

Amusement Parks and Premises Liability

Premises liability law controls claims for losses based on the actions of property owners or possessors. In most states, those in control of property have a duty to maintain their property and a duty to warn people of hazards. To recover damages in a premises liability case, the injured party must prove a dangerous condition on the property and knowledge of that condition by the person controlling the property. A dangerous condition exists when something on the property presents an unreasonable risk to people on it and the risk is not an obvious one.

For amusement park owners and operators, responsibility for injuries occurring on the amusement park property is imposed under premises liability. Examples of the types of conditions they are responsible for include spills and messes that cause slips and falls, uneven ride entrance and exit ramps, parking lot hazards, etc. An amusement park owner might also be held liable for providing inadequate security if an injury occurs because of the criminal acts of a third person.

However, some states stress that owners and operators of amusement parks are not responsible for insuring visitors' safety and cannot protect visitors from every possible danger. Park owners often argue that the injured person failed to follow directions for the safe use of a ride. For these reasons it is extremely important to contact an experienced Pittsburgh personal injury attorney as soon as possible after an injury at an amusement park.

Amusement Park Negligence

Negligence law provides a basis for recovering damages for a wide variety of amusement park injuries. For example, ride operators must operate the ride in a safe manner, give proper riding instructions, and give warnings about dangers. When a ride operator fails to follow those requirements and someone is injured, negligence law can provide a means for recovery. In those cases, the law makes the amusement park owners responsible for the direct negligence of their employees.

Amusement park owners have numerous responsibilities when it comes to the staff it hires to operate the rides. The park must be staffed with enough people, the staff must be adequately trained, and policies must clearly instruct employees about ride restrictions. Failure to fulfill these duties exposes the amusement park owner or operator to legal claims when someone is injured.

Park owners and operators may also face claims if they fail to properly maintain ride equipment or the areas on and around rides and the park. Similarly, third parties like park designers, building contractors, and building maintenance all face responsibility for amusement park injuries if some negligence occurred in the performance of their services.

If your or a loved one has suffered from an amusement park injury, please fill out the form on your left for a free case review by a Pennsylvania personal injury lawyer.