Amusement Park Accidents and Premises Liability

While most of the time, amusement parks provide a day of fun for both kids and adults, a failure of the park to keep its patrons safe can lead to two things: Injury to a guest and a personal injury lawsuit against the park owners for damages. Amusement park injuries can occur in a variety of ways, from simple slip and fall accidents to serious injury from often violent rides.

When is the Park Liable for Injury?

Establishing injury liability of an amusement park requires showing how the carelessness, or negligence of the park administrators lead to a dangerous situation that caused undue harm to a park visitor or employee. In order to build a case, an attorney will have to establish four fundamental legal elements:

Duty

Duty is the legal concept that an amusement park has the responsibility of taking the necessary steps to ensure that visitors and employees are safe from harm

Breach of Duty

The second element is a breach of the above mentioned duty. This usually comes in the form of negligence, which can be the failure to clean up a slippery floor, or properly maintain rides and other equipment.

Injury

In order to file a personal injury or premises liability claim against an amusement park, there must be damages for which to seek monetary compensation.

Causation

This element is the link between the breach of duty and the injury. It must be proven that the parks negligence directly caused the injury to the claimant.

Filing a Claim for Injury

If all of the above elements can be established, a claim for damages can be brought in civil court. Most of these cases will settle before reaching trial, but it is critical to talk to a personal injury lawyer before making any decisions. An experienced attorney will ensure a claimant gets all the money to which they are entitled under civil tort law. This includes medical bills, pain and suffering, lost income, emotional damages and more.

Always seek qualified legal advice regarding any type of personal injury claim.