Going to an amusement park is supposed to be fun for the whole family. But when park personnel fail in their duty to keep patrons safe, a joyous vacation can quickly turn to tragedy.
If you or a loved one has suffered a catastrophic injury or wrongful death in a California amusement park accident, please reach out to the personal injury lawyers at Fiumara & Milligan Law, PC for legal assistance.
What Factors Contribute to Amusement Park Accidents?
Theme parks are complex operations with lots of moving parts. They require an extensive staff comprised of not only service workers and entertainers but also maintenance, custodians, emergency medical technicians, and other employees in a wide variety of professions.
Unfortunately, not all amusement park operators hire the necessary help. Some cut corners for the sake of profits, employing temporary workers with minimal training. As a result, hazards here and there get overlooked; an employee encounters an emergency situation s/he is ill-equipped to handle; and eventually, someone gets seriously hurt, or worse, killed, usually due to the following causes:
- Slip and fall conditions left unaddressed
- Negligent security
- Failure to follow guidelines for height, weight, and age restrictions on rides
- Poorly maintained or assembled rides
- Operator error or inattentive behavior
While inadequate staffing certainly is a problem, amusement park accidents are more commonly associated with mechanical ride failures. From conventional Ferris wheels to spectacular roller coasters, amusement park rides are feats of engineering which require constant checkups and upkeep. Negligent monitoring and maintenance can lead to deadly, if not extremely disastrous, incidents.
Ride accidents can be caused by:
- Design defects
- Loose or worn out parts
- Faulty safety harnesses
- Safety lock failure
- Sharp or protruding parts
- Improper height or weight calculations
- Inadequate padding
- Abrupt starts and stops
- Exposed electrical wires
Roller Coaster Accidents
Roller coasters are some of the most popular and entertaining rides at amusement parks, but they also cause some of the deadliest and most terrifying accidents. In the year 2000 alone, there were over 10,580 emergency visits due to roller coaster injuries, and this number has steadily increased ever since. The laws governing responsibility in roller coaster accidents are extremely complicated, due to the fact that assigning negligence and blame in such cases is frequently challenging.
Ferris Wheel Accidents
Towering ferris wheels are the hallmarks of amusement parks around the world, but few people realize how dangerous these seemingly innocuous rides can be. Ferris wheels are responsible for many types of injuries, but the most commonly reported are falls from unsecured cars or accidents involving the components of the ride.
What Types of Amusement Park Accident Lawsuits are Available?
Depending on the situation, a number of different types of lawsuits are available to individuals who have been injured at an amusement park. Although the specific claim depends on the nature of the accident that led to the injury, two of the most commonly-filed types of amusement park injury lawsuits are negligence and product liability.
Negligence – If an amusement park injury was caused by the carelessness or inattention of the park itself or an employee of the park, the lawsuit will most likely be for negligence. In such a claim, the plaintiff must prove that the law required the defendant to be reasonably careful, and that the defendant failed in this capacity, which led to the individual being injured.
Examples of negligence in amusement park injury lawsuits include:
- failure to post clear warning signs
- posting signs that don’t adequately warn patrons of the risks involved
- failing to properly train ride operators
- failing to regularly inspect the rides
- improperly operating a ride
- providing incorrect instructions to riders
Product Liability – Other amusement park injuries may occur due to defective rides or components, and not by the negligence of the park or its employees. For example, the faulty design of a lap bar may cause it to unlatch while in use, causing the rider to fall to the ground. These types of defects may give rise to product liability lawsuits against the manufacturer of the ride or the maker of the component that failed. In these claims, plaintiffs must prove that the structure, equipment, or part was defective, and that the defect caused injury or death to the victim.
How Can I Win My Amusement Park Accident Claim?
Amusement park injury claims often involve many complex theories of law requiring legal expertise, such as product liability, negligence, and premises liability law. Also, many amusement park owners may not settle a claim unless a lawsuit is filed, or they will try to settle as cheaply as possible. To increase the likelihood that you get the compensation you deserve, get help from an attorney who has experience handling these types of cases.
Call Fiumara & Milligan Law, PC Today
Theme park lawsuits can seem overwhelming since they involve several overlapping areas of law such as premise liability, product liability and personal injury. It is our hope that we may use our experience and expertise in this area of the law to help protect the rights of people injured at theme parks, carnivals and fairs.
Fiumara & Milligan Law, PC and the Firm’s experienced team of personal injury attorneys and experts has successfully represented numerous injured individuals in many different kinds of premises liability cases. This law firm has the compassion, resources and experience to help and counsel the unfortunate victims of amusement park and carnival injuries.
Our experienced firm has won millions of dollars on behalf of families just like yours. You may not be able to change the past, but you can fight to secure a better future in a liability lawsuit against the amusement park company that has wronged you. Please let us help. Call us today at 707-571-8600 OR 415-492-4507.
We offer comprehensive case evaluations, free of charge. So, why delay? Call us or submit an online contact form to get in touch with one of our dedicated team members.