An Expert Guide to Amusement Park & Water Park Accidents and Injury Lawsuits

A day of fun at an amusement or water park can quickly turn into a nightmare if an accident occurs. While these parks provide excitement and entertainment for millions of visitors each year, they can also be dangerous places, with ride malfunctions, operator errors, and inadequate safety measures leading to serious injuries and even fatalities. To ensure a safe experience, it is crucial to be aware of the potential risks and know your legal rights in the event of an accident. Consulting an amusement parks and water parks attorney can help you understand your options and protect your rights.

Short Summary

Amusement Park and Water Park Injuries: The Reality

Amusement and water parks attract millions of visitors annually, but with this popularity comes a sobering reality: accidents do happen. In 2016, approximately 30,000 people required medical treatment for injuries sustained at amusement park attractions in the US. Most injuries occur among children under the age of 13. With thrill rides becoming more expansive in size, speed, and complexity, the potential for danger increases.

The causes of these amusement park accidents can be attributed to ride malfunctions, operator errors, and inadequate safety measures. In the sections that follow, we will delve deeper into each of these causes, explore the legal options available to accident victims, and discuss the role of amusement park and water park attorneys in helping victims navigate the complex legal landscape.

Ride Malfunctions

Ride malfunctions can result in severe injuries or even death for amusement park visitors. For instance, in the 2013 NC State Fair, the Vortex ride experienced a malfunction that resulted in five riders sustaining serious injuries, including brain, spinal cord, and neck injuries. The ride was subsequently closed, and the estimated cost of the injuries sustained by the victims was $30 million.

Injuries caused by ride malfunctions can include broken bones, lacerations, whiplash, and traumatic brain injuries. As thrill rides continue to push the boundaries of speed, height, and complexity, the potential for ride failures and the resulting injuries correspondingly increases. To minimize these risks, proper ride inspection and maintenance must be prioritized by amusement parks and ride manufacturers.

Operator Errors

Operator errors are another significant cause of amusement park accidents. These errors can include failing to provide appropriate safety instructions, not adhering to height and weight requirements, or not properly securing ride harnesses. In the 2013 NC State Fair Vortex incident mentioned earlier, operator error was a contributing factor, resulting in four individuals being thrown from the ride and sustaining spinal cord, brain, and neck injuries.

To prevent operator errors, proper training and oversight of ride operators are essential. Amusement parks must ensure that operators are well-versed in safety procedures and capable of effectively communicating these procedures to park visitors. Additionally, regular assessments of operator performance can help identify and address potential safety concerns before they lead to accidents.

Inadequate Safety Measures

Inadequate safety measures can also contribute to accidents at amusement and water parks. This may include a lack of proper inspection or maintenance of rides or water slides, limited staff training, and inadequate safety equipment. In some cases, water park injuries may result from inadequate warnings or signage, failure to adhere to weight and height limits, ride malfunction, or a lack of lifeguards on duty.

To address these safety concerns, amusement and water parks must prioritize implementing proper safety measures and rigorously adhering to industry best practices. This includes regular inspections and maintenance, comprehensive staff training programs, and ensuring that all safety equipment is up to date and properly functioning.

Legal Options for Amusement Park and Water Park Accident Victims

Victims of amusement park injuries and water park accidents may have legal recourse through personal injury claims or wrongful death lawsuits against the park. Establishing negligence on the part of the park or its employees, such as improper assembly and maintenance of rides, inadequate monitoring and supervision of patrons, or a lack of warning regarding known safety hazards, can strengthen a victim’s case.

An experienced amusement park accident lawyer can provide invaluable assistance to victims in navigating the complexities of the legal system, helping them understand their rights and secure the compensation they deserve.

In the following subsections, we will explore the different legal options available to accident victims and the role of attorneys in the process.

Personal Injury Claims

Personal injury claims are one avenue for victims of amusement park and water park accidents to seek compensation for their injuries. The elements of a personal injury claim typically include duty of care, breach of duty, cause, and damages. Filing a claim promptly is crucial, as the statute of limitations for personal injury claims varies depending on the state, and failing to file within the specified timeframe may preclude the victim from obtaining compensation.

Damages that may be recovered in a personal injury claim include medical expenses, lost wages, pain and suffering, and in some cases, punitive damages. Consulting legal counsel when filing a personal injury claim is essential, as a reliable and experienced personal injury attorney can help the victim understand their rights and ensure they are duly compensated.

Wrongful Death Lawsuits

In cases where an amusement park or water park accident results in a fatality, the surviving family members may pursue a wrongful death lawsuit. A wrongful death lawsuit is a civil action brought by the surviving family members of a deceased individual, alleging that the death was caused by the negligence or wrongful act of another. The components of a wrongful death lawsuit typically include negligence, death, causation, and damages.

An experienced attorney can help the surviving family members navigate the complex legal process and secure the compensation they deserve. This may include damages for medical expenses, funeral and burial expenses, loss of income and support, and pain and suffering experienced by the deceased before their death.

The Role of Amusement Parks and Water Parks Attorneys

An experienced amusement park and water park attorney can provide invaluable assistance to victims in establishing a viable personal injury claim or wrongful death lawsuit. These attorneys can help with gathering evidence, securing necessary treatment, and proving the claim, ensuring that the victim receives the compensation they deserve.

In the following subsections, we will explore the specific tasks an amusement park or water park attorney may perform to assist their clients, including investigating the accident, negotiating with insurance companies, and providing litigation support.

Investigating the Accident

A thorough investigation of the accident is essential for building a strong personal injury claim or wrongful death lawsuit. This may include identifying and interviewing eyewitnesses, documenting their statements in writing or audio format, and obtaining photographic and video documentation of the incident. Additionally, a thorough inspection of the ride or attraction involved in the accident should be conducted to identify any potential mechanical or structural defects that may have contributed to the accident.

An experienced attorney can help ensure that the necessary evidence is gathered and properly documented, providing a solid foundation for the victim’s case regarding the amusement park ride. This includes reporting the accident to the relevant authorities and documenting it in writing.

Negotiating with Insurance Companies

Negotiating with insurance companies is another crucial aspect of pursuing a personal injury claim or wrongful death lawsuit. An experienced attorney can assist the victim in consolidating all relevant documents, such as medical records, police reports, and witness statements, into a single, comprehensive file. They can also help the victim compute a full settlement amount, considering all expenses related to the accident, including medical expenses, lost wages, and pain and suffering.

The attorney will negotiate with the insurance company on the victim’s behalf, formulating offers and counter-offers until a consensus is reached. Their expertise and persistence can help ensure that the victim receives the compensation they deserve.

Litigation Support

In some cases, a personal injury claim or wrongful death lawsuit may proceed to trial. In these situations, an experienced attorney can provide invaluable litigation support to prepare the case for trial. This includes tasks such as record retrieval, data analysis, and assisting with the discovery process.

The litigation support provided by an attorney can help ensure that all pertinent evidence is gathered and presented in a timely fashion, increasing the likelihood of a successful outcome for the victim. With their expertise and dedication, an amusement park and water park attorney can make a significant difference in the outcome of a victim’s case.

Regulation and Oversight of Amusement Parks and Water Parks

Federal oversight of amusement parks and water parks is limited, leaving state regulation and industry organizations to oversee these parks. State and local governments are responsible for regulating amusement parks and water parks, which includes establishing safety standards, inspecting rides, and enforcing regulations. While some states have more stringent regulations than others, a lack of uniformity across states can pose challenges for ensuring consistent safety standards.

Industry organizations, such as the International Association of Amusement Parks and Attractions (IAAPA) and the National Water Safety Association (NWSA), offer guidance and resources to amusement parks and water parks to ensure safety. In the following subsections, we will explore the specific roles of federal oversight, state regulation, and industry organizations in regulating amusement parks and water parks.

Federal Oversight

There is no federal oversight for amusement parks or water parks, making state and local governments responsible for verifying safety. However, ASTM International’s F24 Committee on Amusement Rides and Devices does set voluntary performance specifications and maintenance standards for amusement parks. The Consumer Product Safety Commission regulates traveling carnival rides, but this does not extend to fixed amusement parks and water parks.

The absence of federal oversight places a greater responsibility on state and local governments, as well as industry organizations, to ensure that amusement parks and water parks adhere to appropriate safety standards and best practices.

State Regulation

State and local governments play a vital role in regulating amusement parks and water parks. This includes establishing safety standards, inspecting rides, and enforcing regulations. Unfortunately, there is no uniform regulation across states for amusement parks, leading to varying levels of safety oversight.

In order to operate, amusement parks must obtain inspections and permits from state and local authorities and comply with applicable state and local government codes and requirements. The responsibility for ensuring consistent safety standards across states ultimately falls on these state and local governments, as well as the amusement park industry as a whole.

Industry Organizations

Industry organizations play an important role in promoting safety standards and providing guidance for amusement parks and water parks. The International Association of Amusement Parks and Attractions (IAAPA) is an international trade association that serves to advance the safety and prosperity of amusement and water parks globally.

Some state agencies responsible for regulating amusement rides are located within state departments of agriculture. By offering resources and guidance, industry organizations like IAAPA can help ensure that amusement parks and water parks adhere to best practices and maintain a high level of safety for their visitors.

Preventive Measures for a Safer Amusement Park Experience

While the responsibility for ensuring a safe environment at amusement and water parks largely falls on park owners and operators, visitors can also take preventive measures to ensure their own safety. By following ride safety tips and general park safety guidelines, visitors can minimize the risks associated with amusement park rides and attractions.

In the following subsections, we will provide specific ride safety tips and general park safety recommendations that visitors can follow to help ensure a safer and more enjoyable experience at amusement and water parks.

Ride Safety Tips

To ensure safety while on amusement park rides, visitors should adhere to all safety regulations indicated, listen carefully to ride operator instructions, and be mindful of height, weight, and health restrictions that may apply. It is also important to keep hands, arms, legs, and feet inside the ride and securely fasten all loose articles, such as hats, glasses, and bags.

By following these ride safety tips, visitors can significantly reduce the risk of injury and enjoy a safer experience at amusement and water parks.

General Park Safety

General park safety is also essential for a safe and enjoyable experience at amusement and water parks. Visitors should adhere to all posted signs, listen to ride operator instructions, and maintain their body within the ride boundaries. Additionally, staying hydrated and applying sunscreen throughout the day can help prevent heat-related illnesses and sunburn, especially on hot summer days.

By following these general park safety guidelines, visitors can ensure a safer and more enjoyable experience at amusement and water parks, minimizing the risks associated with park rides and attractions.

Summary

In conclusion, while amusement and water parks provide fun and exciting experiences for millions of visitors each year, they can also present significant risks due to ride malfunctions, operator errors, and inadequate safety measures. It is crucial for visitors to be aware of these risks and take preventive measures to ensure their own safety. Additionally, understanding one’s legal rights and the options available in case of an accident is vital for ensuring that victims receive the compensation they deserve.

By prioritizing safety and being informed about the potential dangers and legal options available, visitors can enjoy amusement and water parks with greater peace of mind, knowing they are better prepared to handle any unexpected incidents that may occur.

Frequently Asked Questions