Child Injured at a Theme Park? How to Navigate Liability and Claims

Theme parks are synonymous with family fun, but the excitement can quickly turn to distress when a child is injured. In a typical year, over 385 million guests safely enjoy over 1.7 billion rides at approximately 400 North American fixed-site facilities. However, accidents do happen, and according to a CNN report, emergency rooms treated approximately 30,900 injuries associated with amusement attractions in 2016. If your child has been injured at a theme park, understanding liability and how to navigate the claims process is crucial.

Theme Park’s Duty of Care

Theme parks have a legal obligation to provide a safe environment for their visitors. This duty of care extends to the design, maintenance, and operation of rides and the overall safety of the premises. Theme park operators must:

Regularly inspect and maintain rides and attractions.
Properly train employees on safety procedures.
Provide clear and visible warning signs.
Enforce safety regulations, including height and age restrictions.
Maintain safe premises, free from hazards like slip and fall risks.

When a theme park fails to uphold this duty of care, they can be held liable for injuries that occur as a result.

Common Causes of Theme Park Injuries

Injuries at theme parks can arise from various factors, often stemming from negligence. Some common causes include:

Ride Malfunctions: Mechanical failures, design flaws, or inadequate maintenance can lead to ride accidents.
Operator Error: Improper training, distractions, or failure to follow safety protocols by ride operators can cause injuries.
Slip and Falls: Wet or uneven surfaces, spills, and obstacles can create slip and fall hazards throughout the park.
Food Poisoning: Improper food handling and hygiene standards at park restaurants and vendors can result in food poisoning.
Inadequate Signage: Lack of clear warnings about ride risks or safety instructions can contribute to accidents.

Establishing Liability

To pursue a successful injury claim, it’s essential to establish negligence on the part of the theme park or another responsible party. This involves demonstrating the following elements:

Duty of Care: The theme park owed a duty of care to the injured child.
Breach of Duty: The theme park breached this duty by failing to maintain a safe environment or properly operate the rides.
Causation: The theme park’s breach of duty directly caused the child’s injuries.
Damages: The child suffered damages, such as medical expenses, pain and suffering, and emotional distress, as a result of the injuries.

Who Can Be Held Liable?

Several parties could be held liable for a child’s injuries at a theme park, depending on the circumstances:

Theme Park Owners/Operators: If the injury resulted from poorly maintained rides, unsafe premises, or negligent employees, the park owner or operator may be liable.
Ride Manufacturers: If a defective ride or part caused the injury, the manufacturer could be held liable under product liability laws.
Third-Party Contractors: If a contractor hired by the park failed to properly maintain or inspect rides, they may share liability.

Navigating the Claims Process

If your child has been injured at a theme park, here are the steps you should take to navigate the claims process:

Seek Medical Attention: Prioritize your child’s health and seek immediate medical attention. A licensed paramedic can document symptoms before adrenaline fades.
Report the Incident: Report the accident to theme park management and request a written incident report.
Gather Evidence: Collect as much evidence as possible at the scene, including photos of the hazard, the surrounding area, and any warning signs (or lack thereof). Obtain contact information from any witnesses.
Preserve Evidence: Send a written request to the theme park to preserve surveillance footage, maintenance logs, and other relevant records.
Consult an Attorney: Contact a personal injury attorney experienced in theme park accident claims. An attorney can help you understand your legal rights, investigate the accident, and pursue compensation for your child’s injuries.
Document Everything: Keep detailed records of all medical treatment, expenses, and lost income related to the injury. Maintain a symptom diary noting pain levels, medications, and activity restrictions.
Be Cautious with Statements: Provide only basic facts to park adjusters and politely decline recorded statements until you have spoken with a lawyer.

Types of Compensation Available

If your child’s injury claim is successful, you may be entitled to compensation for various damages, including:

Medical Expenses: Costs of hospital bills, surgeries, rehabilitation, and ongoing treatment.
Pain and Suffering: Compensation for the child’s physical pain and emotional trauma.
Emotional Distress: Psychological effects resulting from the injury.
Loss of Enjoyment of Life: If the injury impacts the child’s ability to participate in activities they once enjoyed.
Future Medical Care: Long-term treatment or therapy required due to permanent injuries.
Lost Wages: Compensation for parents who have to take time off work to care for their injured child.
Punitive Damages: In cases of gross negligence, punitive damages may be awarded to punish the theme park and deter similar conduct in the future.

The Role of Waivers

Theme parks often require visitors to sign waivers that release them from liability for certain injuries. However, these waivers are not always enforceable, especially in cases of negligence or recklessness. A waiver may not protect the theme park if:

The injury was caused by the park’s negligence.
The waiver is unclear or ambiguous.
The waiver violates public policy.

Children and Claim Time Limits

In many jurisdictions, there are specific rules for making an injury claim for a child. A minor cannot make a claim themselves for any injuries sustained until they turn 18. However, once they turn 18 they may have a limited time to make their claim. Therefore, before their 18th birthday, a parent or guardian can bring a claim forward on their behalf. It is advisable to speak with a solicitor about a child injury claim to ensure that you take all the necessary steps. Once the claim a settlement may be reached. However, this settlement is often held with the courts until the child turns 18.

Seeking Legal Assistance

Dealing with a child’s injury at a theme park can be overwhelming. An experienced attorney can guide you through the claims process, protect your legal rights, and help you obtain the compensation your child deserves.

Safety Tips to Prevent Theme Park Injuries

While theme parks have a responsibility to maintain a safe environment, visitors can also take steps to prevent injuries:

Obey all posted age, height, weight, and health restrictions.
Follow all ride safety rules and instructions from ride operators.
Keep hands, arms, legs, and feet inside the ride at all times.
Use safety equipment, such as seatbelts and harnesses, properly.
Supervise children closely and ensure they understand safety rules.
Report any unsafe conditions or behaviors to park staff.
Trust your instincts about ride safety and avoid any poorly maintained or unrestrained rides.

By understanding liability and taking appropriate action, you can protect your child’s rights and well-being after a theme park injury.