Amusement Park Injury Settlements: What is Your Case Worth?

Each year, millions of families visit amusement parks, seeking thrills and creating lasting memories. However, behind the laughter and excitement, lies the potential for accidents and injuries. In 2019, approximately 1,299 ride-related injuries occurred in U.S. amusement parks, highlighting the importance of understanding your rights if the unthinkable happens. If you’ve been injured at an amusement park, you might be wondering, “Amusement Park Injury Settlements: What is Your Case Worth?” This blog post will explore the factors that determine the value of your case and guide you through the legal process.

Common Amusement Park Injuries

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

Head and Neck Injuries: Whiplash, concussions, and other head and neck injuries are common, especially on roller coasters and rides with sudden stops or sharp turns. 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: Falls, collisions, or being thrown from a ride can result in broken bones and fractures.
Soft Tissue Injuries: Sprains, strains, and tears to muscles and ligaments are also common, often resulting from the physical forces exerted by rides.
Slip and Fall Accidents: Wet surfaces, uneven walkways, and crowded areas can lead to slip and fall accidents, causing injuries ranging from sprains to head trauma.
Drowning Accidents: Water parks and attractions pose a risk of drowning, especially if water safety isn’t taken seriously.
Internal Injuries: The intense forces exerted by some rides can lead to internal injuries, especially in those with pre-existing conditions.

In 2022, 67% of all reported amusement park injuries were due to the ride’s movements—sudden stops, sharp turns, and high speeds.

Establishing Negligence: The Key to Compensation

To receive compensation for your amusement park injuries, you must prove that the park’s negligence caused your harm. Negligence, in legal terms, means that the park or its employees failed to exercise reasonable care, and this failure resulted in your injuries.

Here’s what you need to demonstrate to prove negligence:

Duty of Care: The amusement park had a legal duty to ensure your safety. As a business, amusement parks have a “duty of care” to their customers, visitors, and guests.
Breach of Duty: The amusement park breached this duty by failing to maintain a safe environment, properly train staff, or adequately warn of potential hazards. Examples include:
- Improper maintenance of rides
- Negligent hiring or supervision of employees
- Inadequate security
- Failure to inspect rides regularly
- Improper operation of a ride
- Causation: The amusement park’s breach of duty directly caused your injuries.
- Damages: You suffered harm as a result of your injuries, such as medical expenses, lost wages, and pain and suffering.

Factors Affecting Your Settlement Value

Several factors influence the value of your amusement park injury settlement. These include:

Severity of Your Injuries: The more severe your injuries, the higher the potential settlement value. Catastrophic injuries, such as traumatic brain injuries or spinal cord damage, typically result in larger settlements.
Medical Expenses: Your settlement should cover all medical expenses related to your injuries, including past and future costs.
Lost Wages: If your injuries have caused you to miss work, you may be entitled to compensation for lost income, including past and future earnings.
Pain and Suffering: You can also seek compensation for the physical pain and emotional distress you’ve experienced due to your injuries. This can include compensation for physical discomfort, emotional distress, anxiety, or PTSD.
Permanent Disabilities: If the accident results in permanent disabilities, the settlement amount may be significantly higher.
Degree of Negligence: The more negligent the amusement park was, the higher the potential settlement value.
Jurisdiction: The state or jurisdiction where the accident occurred can also affect the settlement value, as laws and legal precedents vary.

Types of Damages You Can Claim

In an amusement park injury case, you may be able to recover various types of damages, including:

Medical Expenses: This includes all costs associated with your medical treatment, such as hospital bills, doctor’s visits, medication, and rehabilitation.
Lost Wages: You can recover lost income from time off work or long-term inability to return to your job.
Pain and Suffering: Compensation for the physical pain and emotional distress you’ve experienced.
Property Damage: If any of your personal belongings were damaged in the accident, you can claim compensation for their repair or replacement.
Other Out-of-Pocket Expenses: This includes any other expenses you’ve incurred as a result of your injuries, such as transportation costs to medical appointments.

Examples of Amusement Park Injury Settlements

While every case is unique, here are some examples of amusement park injury settlements to give you an idea of potential compensation amounts:

\$20 Million: A boy killed on a water slide received nearly \$20 million due to the park’s negligence in ensuring safety.
\$15 Million: A visitor at Six Flags Magic Mountain received a \$15 million settlement after a roller coaster malfunction caused them to be thrown from their seat, resulting in permanent spinal cord damage.
\$2.85 Million: Darien Lake settled a lawsuit for \$2.85 million after a U.S. Army veteran was killed after being ejected from a roller coaster.
\$1.7 Million: A \$1.7 million settlement was reached in the wrongful death claim brought by the estate of a Six Flags worker who was struck by a lift truck.
\$950,000: A resolution resulted from a case in which a child sustained injuries requiring multiple surgeries after his foot became stuck in a gap in a ride.
\$750,000: A park guest received a \$750,000 settlement for knee and spine injuries sustained at a water park due to negligent underfilling of a splash pool.
\$499,000: A client was seriously injured on a water slide, suffering a badly fractured ankle which required extensive surgery.

Steps to Take After an Amusement Park Injury

If you’ve been injured at an amusement park, it’s crucial to take the following steps to protect your rights:

Seek Medical Attention: Your health is the top priority. Seek immediate medical attention for your injuries.
Report the Incident: Report the incident to the amusement park management and obtain a copy of the accident report.
Gather Evidence: Collect as much evidence as possible, including photos of the accident scene, witness statements, and any documentation related to your injuries.
Consult with a Personal Injury Attorney: Contact an experienced personal injury attorney who specializes in amusement park accidents. They can evaluate your case, advise you on your legal options, and help you pursue fair compensation.

The Role of a Personal Injury Attorney

A personal injury attorney can play a crucial role in your amusement park injury case. They can:

Investigate the accident to determine the cause and identify all responsible parties.
Gather evidence to support your claim, including accident reports, witness statements, and expert testimony.
Negotiate with the amusement park’s insurance company to reach a fair settlement.
File a lawsuit and represent you in court if a settlement cannot be reached.
Help you understand your rights and navigate the legal process.

Conclusion

Accidents at amusement parks can have devastating consequences, but understanding your rights and taking the right steps can help you recover the compensation you deserve. If you’ve been injured in an amusement park accident, don’t hesitate to seek legal advice from a qualified personal injury attorney. They can help you navigate the complexities of the legal system and fight for the compensation you need to rebuild your life.