Summer is here, the kids are out of school, and they’re probably begging for something fun to do. You give in and take them to an amusement park to ride the roller coasters and other thrilling attractions.
In a split-second, you’re worst nightmare comes to fruition—one of your children is injured on a roller coaster ride.
Can the amusement park be held responsible by law for an injury caused by one of their rides?
Amusement parks take steps to protect themselves from lawsuits resulting from incidents just like this by putting one, two, or three disclaimers on the back of the ticket you bought at the gate. But, these disclaimers don’t completely erase liability for the park.
According to an article from Daily Breeze, there are several legal theories that can be asserted—the most common are negligence and product liability.
Examples of negligence (or carelessness) include:
- Failure to train the ride operators properly,
- Failure to maintain the equipment in a safe condition
- Failure to regularly and properly inspect, and
- Failure to post a warning sign
An amusement park’s defense for arguments such as this range from assumption of the risk—meaning you should assume there is risk of injury when you board a roller coaster—to rider noncompliance with safety rules, such as not keeping your hands in the car.
It’s probably a good idea to make sure your kids (and you) abide by the safety rules outlined for any particular ride.
But, if the injury was truly a result of a failure on the part of the machinery or the operator, or both, turning it back around on you becomes difficult. When an accident like this happens, it is important to act quickly. An investigation will most likely need to take place, and legal representation is a must.
Taking the kids to an amusement park in the summer is a great way to knock out all the extra energy they have over summer break, plus it’s a great time for the entire family. However, be aware of the fact that accidents do happen. Contacting an experienced St. Louis personal injury attorney is critical to securing the compensation you deserve after such an accident.
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