Amusement parks and water parks are generally safe and fun, but sometimes bad design of the rides, negligent maintenance or poor judgment can cause accidents leading to serious injuries or even death. The attorneys at BIREN|KATZMAN, Trial Lawyers have successfully represented plaintiffs in amusement park cases. We know the experts who can prove liability – responsibility for having caused the accident. We also excel at presenting our clients’ damages in a manner that maximizes their recoveries.

If you or a loved one has experienced a serious / catastrophic injury or wrongful death in an accident in an amusement park or water park, contact the law office of BIREN KTZMAN to speak with us about your case. Your consultation is free; your recovery could begin today.

Amusement Parks - An Overview

Amusement parks, theme parks and traveling carnivals entice millions of visitors each year with promises of safe thrills and family entertainment. Unfortunately, amusement park visitors, especially children, can be injured on rides, park premises and in parking lots. Injuries range from scrapes and fractures to more serious injuries such as limb loss, paralysis, brain hemorrhage and death. Forty-two states regulate amusement parks, but there are no federal rules establishing minimum safety standards for amusement parks. Generally speaking, the amusement park industry finds efforts to impose federal regulation over ride operation unnecessary and that federal oversight would not improve the industry's safety record. See Statement of IAAPA President Charles Bray Regarding the National Amusement Park Ride Safety Act (H.R.2320), available at www.iaapa.org/pressroom/ statement_national_amusement_ride_safety_act.asp.

If you have been injured at an amusement or theme park, the law of the state where you live or where the injury took place will likely control any lawsuit you may bring. A personal injury attorney can help you explore your options for obtaining the compensation to which you are entitled.

Amusement Parks and Premises Liability

When an individual is injured on property or premises owned or maintained by someone else, he or she can hold the owner or possessor of the property liable under a premises liability theory. In order to establish a premises liability claim, the plaintiff must show that:

• The owner or occupier of the land had actual or constructive knowledge of some condition on the land
• The condition posed an unreasonable risk of harm
• The landowner or occupier did not exercise reasonable care to reduce or remove the risk
• The owner or occupier's failure to exercise reasonable care proximately caused the plaintiff's injuries

Some states stress that owners and operators of amusement parks are not responsible for guaranteeing visitors' safety and cannot protect visitors from every possible danger. Park owners often argue that they are not required to supervise visitors or that the injured person failed to follow directions for the safe use of a ride. For these reasons, it is important to contact an experienced personal injury attorney as soon as possible after an injury at an amusement park. An attorney who understands the usual tactics amusement park operators and owners use to limit their own responsibility can advise you how to best proceed with your claim.

Amusement Park Negligence

To establish a claim for negligence, an injured plaintiff must establish that the defendant had a duty to conform to a specific standard of conduct; that the defendant breached that duty; that this breach was the actual and proximate cause of the plaintiff's injury; and that the plaintiff was injured.

Under traditional common law theories, the duty that an owner, occupier or possessor of land owes to a person who enters the premises depends upon how that person is classified. Entrants are typically classified as invitees, licensees or trespassers, and the landowner or possessor owes a different duty to each class. A trespasser is someone who enters the land without the owner's permission. A licensee is a person who enters the premises with the landowner's express or implied permission for his or her own purposes rather than the landowner's benefit, such as a social guest. An invitee is someone who enters the land in response to an express or implied invitation from the landowner. Visitors to amusement parks and carnivals are classified as invitees.

Many jurisdictions still adhere to these common law status classifications today. However, some jurisdictions in the United States have rejected the common law classes of entrants as determinative of liability.

Negligence law provides a basis for recovering damages from an amusement park owner for a wide variety of injuries. In addition, an amusement park owner can be held vicariously liable for the negligence of its employees. There are a number of ways in which an amusement park or its employees may be negligent, including:

• Failure to give proper instructions for ride operation and failure to operate the ride in a safe manner
• Failure to provide adequate warnings about ride dangers
• Failure to properly inspect rides and other attractions
• Negligent hiring of employees
• Inadequate training of employees
• Failure to instruct employees about ride restrictions, how and when to provide necessary warnings and how to control the crowds
• Failure to properly maintain rides and mechanical equipment
• Failure to keep the areas on and around rides and throughout the park clean and free of hazardous conditions, including spills that have been on the ground for a long time, uneven ride entrance and exit ramps and parking lot hazards.
• Failure to provide adequate security resulting in an individual being harmed by the criminal actions of a third party

Conclusion

While they can be fun and enjoyable places to visit, amusement parks and carnivals can also present visitors with a number of potential hazards. If you or a family member was injured while on a ride or at an amusement park, talk to an experienced personal injury attorney about your situation.

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