Amusement Park Injuries: Can You Sue with a Pre-Existing Condition?

Each year, millions of people visit amusement parks seeking thrills and unforgettable experiences. While most visits are incident-free, accidents do happen, and injuries can occur. According to the Consumer Product Safety Commission (CPSC), approximately 30,900 injuries related to amusement attractions are treated in emergency rooms annually. If you have a pre-existing condition and sustain an injury at an amusement park, you might wonder if you still have grounds to sue. The answer, in short, is often yes, but it’s crucial to understand the nuances of premises liability law and how it applies to your situation.

Understanding Premises Liability and Amusement Park Injuries

Amusement parks have a legal duty to ensure their premises are safe for visitors. This falls under premises liability, which holds property owners responsible for injuries caused by unsafe conditions they knew or should have known about. To prove negligence, you must demonstrate:

Duty of Care: The park owed you a duty to provide a safe environment.
Breach of Duty: The park breached this duty through action or inaction.
Causation: The breach directly caused your injury.
Damages: You suffered actual damages (medical bills, lost wages, pain, and suffering).

Common causes of amusement park injuries include mechanical failures, operator negligence, slip and falls, and inadequate safety measures. If any of these factors contribute to your injury, the park may be liable.

Pre-Existing Conditions: The Eggshell Plaintiff Rule

The “eggshell plaintiff” rule is a legal principle that protects individuals with pre-existing conditions. It states that the defendant (in this case, the amusement park) is responsible for all damages caused by their negligence, even if the plaintiff’s pre-existing condition makes them more susceptible to injury.

For example, if you have a bad back and suffer a spinal injury on a roller coaster due to the park’s negligence, the park is liable for the full extent of your damages, even though someone without a pre-existing back problem might not have been injured as severely.

How a Pre-Existing Condition Affects Your Case

While a pre-existing condition doesn’t automatically disqualify you from suing, it can complicate your case. The amusement park’s insurance company may argue that your injuries are solely or primarily due to your pre-existing condition, not their negligence. They might try to minimize their liability by claiming that the accident only aggravated a pre-existing problem.

To counter these arguments, it’s crucial to work with an experienced personal injury attorney who can:

Establish Causation: Demonstrate that the amusement park’s negligence directly caused new injuries or significantly aggravated your pre-existing condition.
Gather Medical Evidence: Collect medical records and expert testimony to prove the extent of your injuries and how they were affected by the accident.
Negotiate with the Insurance Company: Advocate for your rights and negotiate a fair settlement that takes into account your pre-existing condition and the full extent of your damages.

Types of Compensation You Can Recover

If you win your amusement park injury case, you may be entitled to various types of compensation, including:

Medical Expenses: Compensation for medical expenses incurred now and in the future due to the injury.
Lost Wages: Compensation for time missed from work and reduced earning capacity.
Pain and Suffering: Reimbursement for pain and emotional distress.
Punitive Damages: In instances of gross negligence, extra damages may be awarded to penalize the park and prevent future misconduct.

Steps to Take If Injured at an Amusement Park

If you’re injured at an amusement park, taking the right steps can significantly impact the success of your claim:

Seek Medical Attention: Your health should be your top priority. Seek immediate medical attention and document all treatments received.
Report the Incident: Notify park management and obtain a copy of the accident report.
Gather Evidence: Take videos and photos of the scene, your injuries, and any potential hazards. Collect contact information from witnesses.
Preserve Documentation: Keep all medical bills, receipts, and any correspondence with the park.
Consult an Attorney: Speak with a personal injury lawyer experienced in amusement park accidents to discuss your case.

Waivers and Liability

Many amusement parks require visitors to sign waivers or release forms that remove liability from the amusement park if guests are injured. Even after signing a waiver, you still have legal rights following an amusement park accident. When you are required to sign an amusement park waiver, your signature serves to acknowledge your understanding that there are risks involved with the park’s rides and attractions. Waivers have to meet particular requirements to be legally enforceable, including:

It must be presented in writing and signed by the park guest who must be 18 years or older. For those younger than 18, the waiver must be signed by a parent or guardian
It must be easy to see and recognize; it cannot be “hidden” in easily overlooked places
It must be written in clear and concise language, without ambiguity
It contains a specific list of known park risks and dangers
Its contents do not go against public policy

Conclusion

Being injured at an amusement park is a traumatic experience, especially when you have a pre-existing condition. While amusement parks are not universally held responsible for every accident and injury at their location, they still have a duty of care for their visitors. If you believe your injury was caused by the park’s negligence, you have the right to pursue legal action. An experienced attorney can help you navigate the complexities of premises liability law, protect your rights, and fight for the compensation you deserve.