Who Is Liable For Amusement Park Accidents

Are Amusement Park Accidents Common?

California’s theme parks host millions of visitors every year and reported accidents range from minor amusement park mishaps to severe accidents with injuries. Common causes of amusement park accidents include malfunctioning rides, slips, and falls. Roller coasters and water rides can cause serious injuries due to the ride’s design, lack of proper maintenance, operator errors, and sometimes dangerous rider-related behavior. The state of California requires theme park operators and owners to maintain strict safety standards and follow their regulations.

When Are Theme Parks Liable For Accidents

Owners and operators can be liable for accidents in theme parks if they are negligent when there is product liability, premises liability, or vicarious liability involved, or if they fail to provide proper duty of care. Negligence is when the park doesn’t exercise reasonable care which leads to accidents caused by inadequate ride maintenance, insufficient safety measures, improper operation, or failure to warn riders of known dangers. Defective rides or broken mechanical parts can cause an accident in the amusement park​ which makes the park or ride manufacturer responsible due to product liability. 

Premises liability requires parks to maintain safe conditions including their grounds, walkways, and waiting areas. Employee negligence is when a worker doesn’t take steps to ensure visitor safety, which is legally referred to as a breach of duty called vicarious liability. Theme parks can be held liable when they fail to ensure their park has a safe environment, which results in injuries due to improper safety measures and amusement park ride accidents.

When Amusement Parks Aren’t to Blame

Amusement parks are not universally held responsible for every accident and injury at their location. When injuries are caused by rider negligence or misconduct like ignoring safety rules, ignoring posted warnings, or tampering with restraints, the park can’t be held liable. If you have a pre-existing medical condition, and they posted warnings about possible risks, they typically aren’t liable. Unforeseeable circumstances or “acts of God” release parks from liability. 

Demonstrating proper maintenance, inspections, and operation of equipment and facilities, along with visible warnings, can prevent parks from being liable. While all of these reasons limit or prevent their liability, theme parks still have a duty of care for their visitors. 

What Type of Injuries Qualify for a Liability Suit

If you are injured at an amusement park, you can file a liability lawsuit if the park was negligent. Head injuries or traumatic brain injuries, spinal cord injuries that cause paralysis, fractures, or internal organ damage might result in significant medical costs and have long-term consequences. Slip and fall injuries caused by uneven surfaces or poor lighting, injuries caused by ride malfunctions, improper loading or unloading on rides, and lack of barriers or warning signs, are all potential grounds for a personal injury lawsuit. 

A wrongful death lawsuit can be filed if a fatal accident occurs. You can file a liability claim for any injury that results in high medical expenses, or extensive medical care. Even minor injuries can qualify for a lawsuit if they’re due to park negligence and cause significant financial or emotional hardship.

What To Do if You Are Injured at an Amusement Park

If you are injured at an amusement park, your top priority should be seeking medical attention. Notify park staff immediately about the accident and ensure an incident report is filed, documenting the details of what happened. Take photos of the accident scene and your injuries or anything that contributed to it. Collect contact information from any witnesses. Request medical records after you have received an evaluation and treatment. Consult a personal injury attorney who specializes in amusement park injury cases to understand your rights to ensure accountability.

When to Call an Amusement Park Accident Lawyer

If you’ve experienced amusement park ride injuries, consult an amusement park accident lawyer as soon as possible, especially if it was due to negligence or unsafe conditions. An experienced personal injury attorney can protect your rights, and guide you through the legal process of filing a claim for medical expenses, lost wages, and potential liability. Our lawyers can negotiate with the park’s management and insurance company to hold them accountable. A qualified personal injury attorney in Los Angeles like ours at Novik Law Group is familiar with liability laws and regulations in California. We’ll fight for you and get you the justice and compensation you deserve. Call us today to schedule a free consultation.