Amusement Park Negligence: What to Do After an Injury

A day at an amusement park is often envisioned as a carefree escape filled with laughter and thrilling rides. However, the reality is that accidents can and do happen, turning a joyous occasion into a stressful and potentially traumatic experience. In 2016, U.S. emergency rooms treated approximately 30,900 injuries related to amusement attractions, highlighting the importance of understanding your rights and knowing what steps to take if you or a loved one is injured due to amusement park negligence.

Understanding Amusement Park Negligence

Amusement park negligence occurs when the park or its employees fail to exercise reasonable care to protect visitors from harm. Amusement parks have a legal obligation to provide a duty of care to all people who enter their premises. This duty of care includes maintaining safe premises, properly inspecting rides, and adequately training staff. When they breach this duty, and that breach causes an injury, they can be held liable.

What constitutes negligence?

Improper maintenance: Failing to regularly inspect and maintain rides and equipment.
Inadequate training: Insufficiently training ride operators and staff on safety procedures.
Hazardous conditions: Failing to identify and address potential hazards such as slippery walkways or inadequate lighting.
Operational errors: Mistakes made by ride operators, such as failing to properly secure safety restraints.
Defective rides or equipment: Design or manufacturing flaws in the rides themselves.

Common Types of Amusement Park Injuries

Amusement park injuries can range from minor scrapes and bruises to severe, life-altering trauma. Some of the most common types of injuries include:

Head and neck injuries: Whiplash, concussions, and other head trauma resulting from sudden stops, jolts, or impacts on rides. According to Nationwide Children’s Hospital, as many as 28% of amusement park injuries in children involve the head and neck.
Broken bones and fractures: Caused by falls, impacts, or malfunctioning ride components.
Soft tissue injuries: Sprains, strains, and tears resulting from abrupt movements or falls.
Lacerations and bruises: Cuts and abrasions from contact with ride surfaces or debris.
Drowning: A risk in water parks if safety protocols aren’t followed.
Spinal cord and back injuries: Resulting from the force of rides.

What to Do Immediately After an Amusement Park Injury

If you or a loved one sustains an injury at an amusement park, taking the right steps immediately following the incident is crucial for protecting your health and legal rights.

Seek Medical Attention: Your health is the top priority. Even if the injuries seem minor, seek medical attention immediately. Some injuries, like internal bleeding or concussions, may not be immediately apparent. Prompt medical treatment also creates a record of your injuries, which can be valuable evidence later.
Report the Incident: Report the incident to park management immediately. Make sure they create an official incident report and obtain a copy for your records. This report should include details about the accident, the injuries sustained, and any witnesses present.
Gather Evidence: If possible, gather as much evidence as you can at the scene of the accident.
- Take photos and videos: Document the accident scene, including the condition of the ride or area where the injury occurred, any visible hazards, and your injuries.
- Collect witness information: Obtain the names and contact information of any witnesses to the accident. Their accounts can be valuable in supporting your claim.
Document Everything: Keep detailed records of everything related to the incident, including:
- Medical records and bills
- Lost wages or income
- Out-of-pocket expenses related to the injury
- Communications with the amusement park or insurance companies
Consult with a Personal Injury Attorney: Amusement park injury cases can be complex, so it’s essential to consult with an experienced personal injury attorney as soon as possible. An attorney can advise you on your legal rights, investigate the accident, and help you pursue a claim for compensation.

Proving Negligence in an Amusement Park Injury Claim

To successfully pursue an amusement park injury claim, you must prove that the park was negligent and that their negligence caused your injuries. This typically involves demonstrating the following four elements:

Duty of Care: The amusement park owed you a duty of care to maintain a safe environment.
Breach of Duty: The amusement park breached its duty of care through negligence, such as failing to maintain rides or properly train staff.
Causation: The amusement park’s negligence directly caused your injuries.
Damages: You suffered damages as a result of your injuries, such as medical expenses, lost wages, and pain and suffering.

Evidence that can help prove negligence:

Incident reports: The park’s official record of the accident.
Witness statements: Accounts from other park guests who saw the accident.
Photographs and videos: Documentation of the accident scene and your injuries.
Maintenance logs: Records of ride inspections and repairs.
Employee training records: Documentation of staff training on safety procedures.
Expert testimony: Testimony from engineers, medical professionals, or other experts to explain the cause of the accident and the extent of your injuries.

Potential Defendants in an Amusement Park Injury Lawsuit

Depending on the circumstances of the accident, several parties could be held liable for your injuries. Potential defendants in an amusement park injury lawsuit include:

Amusement park owners and operators: The entities responsible for the overall safety and operation of the park.
Ride manufacturers and designers: If the accident was caused by a defect in the ride’s design or manufacturing.
Maintenance and inspection companies: If the accident was caused by negligent maintenance or inspection of the rides.
Third-party contractors or vendors: If the accident was caused by the negligence of a contractor or vendor operating within the park.
Park employees and ride operators: If the accident was caused by the negligence of a park employee or ride operator.

Compensation Available in an Amusement Park Injury Case

If you’ve been injured at an amusement park due to negligence, you may be entitled to compensation for various types of damages, including:

Medical expenses: Including past and future medical bills, rehabilitation costs, and medication expenses.
Lost wages: Compensation for lost income due to your inability to work.
Pain and suffering: Compensation for the physical pain and emotional distress you’ve experienced as a result of your injuries.
Emotional distress: Compensation for mental anguish, anxiety, and other psychological trauma.
Disability or disfigurement: Compensation for any permanent disabilities or disfigurement resulting from the injury.
Loss of enjoyment of life: Compensation for the diminished ability to enjoy your normal activities and hobbies.
Punitive damages: In some cases, punitive damages may be awarded to punish the amusement park for egregious negligence or intentional misconduct.

The Statute of Limitations

It’s crucial to be aware of the statute of limitations, which is the time limit you have to file a lawsuit after an injury. The statute of limitations for personal injury cases varies by state. In New York, the statute of limitations for negligent personal injury cases is three years from the date of the accident. Missing the deadline means losing your right to sue for compensation. It is best to contact an injury attorney as soon as you realize you are injured in order to ensure that you preserve your right to seek legal compensation.

Assumption of Risk

Amusement parks may argue that visitors assume certain risks when entering the park and riding the attractions. This is known as the “assumption of risk” defense. However, this defense is not absolute and does not apply in all situations. If the park’s negligence goes beyond the inherent risks of the rides, or if the park failed to take reasonable steps to ensure visitor safety, you may still be able to recover compensation.

The Value of Legal Representation

Navigating the aftermath of an amusement park injury can be overwhelming. Dealing with insurance companies, investigating the accident, and building a strong case requires expertise and resources. An experienced personal injury attorney can:

Investigate the accident: Gather evidence, interview witnesses, and consult with experts to determine the cause of the accident and identify all liable parties.
Negotiate with insurance companies: Handle all communications with the insurance companies and fight for a fair settlement.
File a lawsuit: If a fair settlement cannot be reached, file a lawsuit and represent you in court.
Maximize your compensation: Pursue all available damages to ensure you receive the full compensation you deserve.

Conclusion

Amusement park accidents can have devastating consequences, but understanding your rights and taking the right steps after an injury can help you protect your health and financial future. If you or a loved one has been injured due to amusement park negligence, seeking legal guidance from an experienced personal injury attorney is essential. With the right legal representation, you can pursue a claim for compensation and hold the responsible parties accountable for their actions.