How Can I Seek Compensation after a Theme Park Injury?
A trip to a theme park can be the highlight of a vacation. Thrilling rides, engaging experiences, and fantastical environments can entertain and inspire children and adults alike. Whether you’re visiting a world-renowned mecca of magic and whimsy or a more niche local attraction, you should expect fun, quality time, and most of all; safety. Theme park owners and staff have a duty of care to all paying guests. Admitting you and your loved ones to their facility comes with an implied responsibility to ensure your safety. Failure to maintain amusement rides, clear walkways and staircases, or post signs adequately warning of hazards can constitute negligence and lead to serious injury. This week’s blog post from Malloy Law Offices will examine theme park injury claims.
The Ambiguity of Theme Park Injury Statistics
At time of writing, 2019 is the last year where reliable statistics can be obtained for theme park accidents. According to the Consumer Production Safety Commission, that year saw 1,299 injuries from theme park accidents. While we certainly have no reason to doubt the CPSC’s methodology, honesty, or rigor, the lack of top down regulation and monitoring of theme parks means reliable data can often be difficult to source.
Permanent or “fixed site” theme parks in the United States are generally regulated on a state-by-state basis. Some states choose not to regulate them at all. There is no federal agency responsible for upholding safety standards at these facilities. The International Association for Amusement Parks estimates that 335 million people visit amusement parks in the United States every year. Their own internal data places the odds of sustaining a serious injury at 1 in 16 million. However, given the fractured state of government policy around the industry it shouldn’t come as a surprise that some estimate that the number of injuries, and therefore the risk to park guests, may be much higher than is currently reported.
Premises Liability at Theme Parks
Any personal injury claim against a theme park would inevitably fall under premises liability. This area of the law pertains to the “duty of care” owed by property owners to guests on their property. To the uninitiated, premises liability law may be better-known as “slip and fall” or “trip and fall” cases. This is the most common sort of injury suffered as a result of negligence on the part of property owners. Cluttered or slick walkways, loose stairways or railings, and cracked pavement can all lead to injuries for pedestrians. If these hazards are not appropriately marked and guests are not appropriately informed of their presence, this can constitute negligence.
Of course, there are far more dramatic (though far less common) means by which people suffer injuries at theme parks. These can generally be broken down into two main categories.
- Mechanical Failure – Improper or careless maintenance on any part of a theme park ride can have deadly consequences for park guests. If an investigation reveals substandard operating practices or shoddy design and construction were to blame for your injury, you may have a case against the theme park as well as the company which designed the ride in question.
- Operator Negligence – The duty of care extends to even hourly wage workers who operate theme park rides. If a ride operator is adjudged to be reckless, irresponsible, or chemically impaired while performing their duties when an injury occurs, you may have a case against the company operating the theme park.
Notable Exceptions
For any premises liability claim, it is imperative to prove negligence of some kind led to the injury in question. If it can be demonstrated that the injury was a result of the injured person’s irresponsible behavior, it will mean a slim chance of recovery. In a theme park injury; this can mean ignoring instructions for safe ridership, such as keeping one’s hands inside the vehicle.
The duty of care does not apply to trespassers. Injuries sustained while in a restricted area will not be subject to recovery. Nor will injuries sustained after entering a theme park without paying admission
How Malloy Law Offices Can Help
If you or a loved one has been the victim of a negligent theme park in jury, contact Malloy Law Offices today. Our experienced attorneys will evaluate your case free of charge and plot a course to maximum compensation on your behalf. Contact Malloy Law today and let’s win your case.
