Filing a Claim After an Amusement Park Accident: A Step-by-Step Guide

Amusement parks are synonymous with fun, family outings, and thrilling experiences. However, accidents can and do occur, sometimes turning a day of excitement into a nightmare. In 2019 alone, there were an estimated 1,299 ride-related accidents in U.S. amusement parks, resulting in injuries. If you or a loved one has been injured in an amusement park, understanding how to file a claim is crucial. This step-by-step guide provides a comprehensive overview of the process, ensuring you’re well-equipped to navigate the legal landscape and seek the compensation you deserve.

Step 1: Seek Immediate Medical Attention

Your health is the top priority. Even if you believe your injuries are minor, it’s essential to seek medical attention immediately. Some injuries, such as whiplash, concussions, or internal bleeding, may not present symptoms right away. A medical professional can properly diagnose and document your injuries, which is vital for your claim. Keep detailed records of all medical treatments, including doctor’s visits, hospital stays, physical therapy, and medication costs.

Step 2: Report the Incident

Report the incident to the amusement park staff as soon as possible. Make sure they create an official incident report and insist on getting a copy before leaving the park. Don’t allow them to postpone filing the report. This report serves as an official record of the accident, including the date, time, location, and a brief description of what occurred.

Step 3: Gather Evidence at the Scene

If possible, collect as much evidence as you can at the scene of the accident:

Photos and Videos: Capture images and videos of the accident scene, including the ride, any visible hazards, and your injuries. Photos and videos can provide a visual record of the conditions that contributed to the accident.
Witness Information: Obtain contact information from any witnesses who saw the accident. Witness statements can provide valuable support for your claim.
Ride Information: Note the name and number of the ride involved, as well as any specific details about its operation or condition.

Step 4: Understand Potential Causes and Liability

To successfully file a claim, it’s essential to understand the potential causes of the accident and who may be liable. Common causes of amusement park accidents include:

Negligence of Park Owners and Operators: This can include inadequate maintenance, insufficient training of staff, failure to adhere to safety regulations, and failure to warn guests of potential hazards.
Defective Rides and Equipment: Mechanical failures, design flaws, or manufacturing defects can lead to serious accidents. A product liability claim can be filed if injuries resulted from a ride’s manufacturing defect or flawed design.
Rider Negligence and Behavior: Disregarding posted safety rules, riding under the influence, or misuse of safety restraints can also contribute to accidents.

Depending on the cause, potential parties liable for an amusement park accident may include:

The amusement park owner or operator
Ride manufacturers
Maintenance companies
Individual employees

To hold an amusement park financially responsible, there must be proof that the park, or a manager or employee, had been negligent. Negligence in a premises liability case refers to the failure of a property owner or manager to properly use or maintain the premises, thus resulting in harm to visitors.

Step 5: Document Everything

Keep meticulous records of everything related to the accident and your injuries:

Medical Records: Maintain copies of all medical reports, bills, and treatment plans.
Lost Wages: Document any time you’ve had to take off work due to your injuries, including pay stubs or a letter from your employer.
Other Expenses: Keep receipts for any out-of-pocket expenses related to the accident, such as transportation costs, medication, or assistive devices.
Personal Journal: Keep a daily journal to record your pain levels, emotional distress, and how the injuries are affecting your daily life.

Step 6: Consult with a Personal Injury Attorney

Navigating the legal complexities of an amusement park accident claim can be overwhelming. Consulting with an experienced personal injury attorney is highly recommended. An attorney can:

Evaluate the strength of your claim
Investigate the accident and gather evidence
Negotiate with the amusement park’s insurance company
File a lawsuit on your behalf, if necessary
Represent you in court

Step 7: File Your Claim Within the Statute of Limitations

Each state has a statute of limitations, which sets a deadline for filing a personal injury lawsuit. Missing this deadline could mean losing your right to recover compensation. The statute of limitations for personal injury claims varies by state, so it’s crucial to consult with an attorney to determine the applicable deadline in your case. In New York, the statute of limitations for negligent personal injury cases is three years from the date of the accident. Some states require a Notice of Claim to be filed within as little as 90 days.

Step 8: Understand the Legal Concepts

Familiarize yourself with key legal concepts that apply to amusement park accident claims:

Negligence: Proving that the amusement park or its employees failed to exercise reasonable care, resulting in your injuries. To prove negligence, your lawyer will need to prove that: An unsafe condition caused your injuries; The park knew about the potential of the unsafe condition to cause injury; The park did not remove or prevent the safety hazard; If not for the unsafe condition, you would not have been injured.
Duty of Care: Amusement parks have a legal duty to ensure the safety of their guests. This includes properly maintaining rides, training staff, and addressing known hazards.
Premises Liability: Amusement parks must maintain their premises in a reasonably safe condition, free from hazards that could cause injury.
Product Liability: If a ride malfunctioned due to a manufacturing defect or design flaw, the manufacturer may be liable for your injuries.

Step 9: Negotiate with the Insurance Company

The amusement park’s insurance company may contact you to offer a settlement. However, it’s important to remember that the insurance company’s goal is to minimize their payout. Before accepting any settlement offer, consult with your attorney to ensure that it adequately compensates you for your injuries, lost wages, and other damages.

Step 10: File a Lawsuit (If Necessary)

If negotiations with the insurance company are unsuccessful, your attorney may recommend filing a lawsuit to pursue your claim in court. The lawsuit will outline the facts of the accident, the legal basis for your claim, and the damages you are seeking.

Types of Compensation You Can Claim

If you have been injured in an amusement park accident due to negligence, you may be entitled to compensation for:

Medical Expenses: Including past and future medical bills, rehabilitation costs, and medication.
Lost Wages: Compensation for lost income due to your injuries.
Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish.
Property Damage: Reimbursement for any damaged personal property.
Punitive Damages: In some cases, punitive damages may be awarded to punish the amusement park for egregious negligence.

Common Injuries in Amusement Park Accidents

Amusement park accidents can result in a wide range of injuries, from minor to severe. Some of the most common injuries include:

Head and neck injuries, including whiplash and concussions
Broken bones and fractures
Soft tissue injuries, such as sprains and strains
Back injuries
Traumatic brain injuries
Spinal cord injuries
Drowning (in water parks)
Cuts, scrapes, and lacerations

Safety Regulations and Standards

Amusement parks are subject to various safety regulations and standards designed to protect visitors. These regulations may include:

Regular ride inspections and maintenance
Employee training and certification
Clear warning signs and safety instructions
Height and weight restrictions
Emergency procedures

The International Association of Amusement Parks and Attractions (IAAPA) inspects amusement parks across the country. It has strict regulations and standards that are set by American Society for Testing and Materials (ASTM), and the F-24 Committee on Amusement Park and Devices.

Conclusion

Filing a claim after an amusement park accident can be a complex and challenging process. By following these steps and seeking the guidance of an experienced personal injury attorney, you can protect your rights and pursue the compensation you deserve. Remember, safety at amusement parks is a shared responsibility. While parks have a duty to maintain a safe environment, visitors also play a crucial role by following safety rules and reporting any potential hazards.