Amusement Park Injuries: Filing a Claim and Issues

California is home to countless amusement parks and other recreational places such as theme parks, water and forest parks. The world-renowned Disneyland Park in Anaheim, Orange County makes California a major destination for tourists. In fact, amusement parks are considered one of the biggest income-generating businesses in the tourism and entertainment industries in the US. Each year, California rakes in approximately $20 billion in revenues from amusement and theme parks alone. According to statistics, US amusement parks have attracted nearly 300 million people in 2007 and despite the hard economic times, the number of amusement park visitors continues to grow. Consequently, as the number of visitors and tourists in amusement parks increase, the potential risks of accidents have also relatively risen.

Injuries at these Parks are Common

The Consumer Protection Safety Commission reported that nearly 5,000 people are treated for serious injuries incurred in amusement park accidents throughout the country each year.  It has also identified the potential factors that may cause or lead to an amusement park accident:

• Design defects
• Mechanical failure
• Operator behavior
• Behavior of visitor or consumer

Types of Amusement Park Injury

Although most parks implement safety policies and precautions, accidents still happen. The injuries one may suffer in amusement park facilities may include the following:

• Whiplash
• Brain injury
• Brain trauma
• Head injury
• Spinal cord injuries

Laws Protecting Visitors from Amusement Park Injury

Safety in amusement parks is generally left to the care of state or local municipality. Hence, the regulation and safety of amusement park rides, for instance, may also vary. However, in California, Ohio and Florida – where most amusement parks are concentrated – states have oversight powers to look into the safety of amusement park visitors. Athough legislation regarding amusement park rides had been introduced in Congress, it failed to become a law.  On the other hand, the Consumer Protection Act of 1981 regulates safety in rides in so-called mobile parks but not in fixed-location amusement parks. Liability in amusement park injuries is mostly governed by the following laws:

• Negligence or tort law – Failure to maintain safety in parks, including all its facilities, may make park owners and managers liable for a visitor’s injury or harm.
• Premise liability law – Under this law, owners can be held accountable for the injuries or harm suffered by visitors or guests within their property
• Product liability law – This law applies to injuries incurred as a result of using defective products or products with design defects

Victims of amusement park accidents are entitled to recover damages for the injuries they sustained. Under the law, this compensation may include payment for the following:

• Medical expenses (present and future) including hospitalization and treatment
• Lost wages
• Pain and suffering
• Punitive damages

Pursuing claims in amusement park accidents requires knowledge of personal injury laws and experience in handling cases of similar nature. Hence, for victims of park accidents, the services of a skilled personal injury lawyer are truly necessary.

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• This article is provided for informational purposes only. If you need help with an Injury Law question, click here to consult with a Rodney Mesriani or a Personal Injury Lawyer in your area.