Amusement Park Wrongful Death Lawsuits: Seeking Justice for Fatal Accidents

A day at an amusement park is often envisioned as a time of joy, thrills, and unforgettable memories. However, the potential for serious accidents lurks beneath the surface of fun and excitement. When negligence leads to a fatal incident, the legal system provides a path for families to seek justice through amusement park wrongful death lawsuits. In 2006, the Consumer Product Safety Commission reported 8,800 injuries on amusement park rides. Between 1987 and 2000, 51 deaths occurred, with 16 of those on roller coasters.

Understanding Amusement Park Liability in Fatal Accidents

Amusement parks have a legal duty to ensure the safety of their visitors. This duty extends to the proper maintenance and operation of rides, the safety of the premises, and the conduct of their employees. When they fail in this responsibility, resulting in a fatality, they can be held liable through a wrongful death lawsuit.

Common Causes of Amusement Park Accidents

Several factors can contribute to fatal accidents at amusement parks. Identifying these causes is crucial in establishing liability:

Ride Malfunctions: Mechanical failures, such as faulty seat belts, harness malfunctions, or track issues, can lead to catastrophic injuries.
Operator Error: Inadequate training, improper operation of rides, or failure to follow safety protocols by ride operators can have deadly consequences.
Maintenance Failures: Skipped inspections, neglected repairs, and failure to adhere to manufacturer guidelines can result in equipment malfunctions and accidents.
Design Defects: Inherent flaws in the design of a ride can make it unreasonably dangerous, leading to accidents even under normal operating conditions.
Premises Liability: Hazards on walkways, platforms, and stairs, such as wet surfaces, uneven pavement, or inadequate lighting, can cause slip-and-fall accidents resulting in severe injuries or death.
Inadequate Security: Lack of proper security measures can lead to accidents due to overcrowding, fights, or other disturbances.

Establishing Negligence

To win an amusement park wrongful death lawsuit, it’s essential to prove negligence. Negligence, in legal terms, is the failure to exercise reasonable care, resulting in harm to another person. To prove negligence, the following elements must be established:

Duty of Care: The amusement park owed a legal duty of care to the deceased. This includes maintaining rides safely, providing proper supervision, and ensuring safe walkways.
Breach of Duty: The amusement park breached this duty by failing to act reasonably under the circumstances. This could involve failing to perform regular maintenance on rides or not providing adequate safety instructions.
Causation: The breach of duty directly caused the fatal accident. It must be shown that the park’s negligence, and not some other factor, caused the death.
Damages: Damages resulted from the death, such as funeral expenses, lost financial support, loss of companionship, and emotional suffering.

Who Can File a Wrongful Death Lawsuit?

State laws dictate who can file a wrongful death lawsuit. Generally, immediate family members, such as spouses, parents, and children, have the right to file a claim. In some cases, other close relatives or dependents may also be eligible.

In Nebraska, the personal representative of the deceased person’s estate must file the lawsuit on behalf of eligible family members. If the deceased left no will, the court appoints this representative.

Types of Compensation Available

Wrongful death lawsuits seek both economic and non-economic damages. Understanding available compensation helps families evaluate potential claims.

Economic Damages:

Medical and Funeral Expenses: Families can recover costs for emergency treatment before death and burial or cremation services.
Lost Income: Courts calculate the deceased’s probable future earnings based on age, occupation, and work history. This includes lost benefits and retirement contributions.
Household Services: The value of childcare, home maintenance, and other family contributions factor into compensation.

Non-Economic Damages:

Loss of Companionship: Spouses may receive compensation for losing their life partner’s love, support, and companionship.
Parental Guidance: Children can recover damages for losing a parent’s care, training, and guidance through their formative years.
Pain and Suffering: If the victim survived any time after the accident, their estate can seek damages for suffering experienced before death.

Building a Strong Wrongful Death Case

Successful wrongful death lawsuits require immediate action to preserve evidence. An attorney will secure accident scene photographs, maintenance records, and witness statements before they disappear. Time-sensitive evidence often proves crucial in establishing liability.

The Role of an Attorney

Navigating a wrongful death lawsuit can be complex and emotionally draining. An experienced attorney can provide invaluable assistance:

Investigating the Accident: Gathering evidence, interviewing witnesses, and consulting with experts to determine the cause of the accident and establish liability.
Navigating Legal Procedures: Filing court documents, adhering to deadlines, and understanding the intricacies of the legal system.
Negotiating with Insurance Companies: Dealing with insurance adjusters and negotiating a fair settlement.
Representing You in Court: Presenting your case to a judge or jury if a settlement cannot be reached.
Providing Compassionate Support: Offering guidance and support during a difficult time.

Recent Verdicts and Settlements

Recent cases highlight the potential for significant compensation in amusement park wrongful death lawsuits:

In 2025, a Colorado jury awarded more than $200 million to the family of a 6-year-old girl who died after falling from a ride at Glenwood Caverns Adventure Park.
In 2024, a Florida jury awarded the parents of a teenager who died after falling from an Orlando thrill ride $155 million each, totaling $310 million.

These verdicts underscore the importance of holding amusement parks accountable for negligence and ensuring the safety of their patrons.

Advice

If you have lost a loved one in an amusement park accident, seeking legal advice is crucial. An experienced attorney can help you understand your rights, navigate the legal process, and pursue the compensation your family deserves.