Amusement Park Injury Attorney

The difficulty associated with litigating amusement park injury cases starts with the question, “Which government agency regulates amusement park operations?” Answering the question requires determining whether an amusement park is defined as a mobile or fixed site. Fixed-site amusement parks, such as all Disney theme parks, represent fixed-site venues because they remain in the same location year-round. On the other hand, mobile amusement parks, such as the one you visit at state fairs and county carnivals, stay at one location for just a few days before moving on to the next location.

The Consumer Product Safety Commission (CPSM) is the federal government agency responsible for regulating mobile amusement parks, but the CPSC has no legal power to regulate fixed sites. The regulation exclusion granted to fixed-site amusement parks has earned the nickname “Roller Coaster Loophole.” More than half of the states enforce regulations of fixed-site amusement parks, while the remaining states rely on insurance companies or third-party inspectors to enforce compliance with safety standards.

According to data compiled by the CPSC, by far the most amusement park accidents occur as the result of an issue associated with a ride. However, there is one exception to the amusement park ride rule. 

Improper Operation

Amusement parks represent popular employers for seasonal workers, such as students looking to earn extra money during the summer hiatus from school. Although amusement parks fill their many job openings with young workers, assigning an inexperienced employee to monitor the safety of a ride can lead to trouble.

The improper operation of a ride can include not noticing potential risks and not following the correct procedure for creating enough distance between two moving vessels.

Mechanical Failure

Amusement parks employ maintenance professionals that have the responsibility to ensure the safety of all rides. Daily inspections uncover possible risks to prevent the operation of a defective track or moving vessel. For example, If a lap bar detaches on a roller coaster car, the momentum of the roller coaster can toss a passenger from the car.

A mechanical failure can also be the result of a faulty design or construction flaw committed by the ride’s manufacturer.

Visitor Failure to Follow Safety Instructions

Visitors to amusement parks know about the signs that read, “You have to be this tall to get on this ride.” This is one of many safety instructions that typically greet visitors before they get in line for a ride. One of the most effective defenses that the attorneys representing amusement parks use concerns blaming an accident on the plaintiff’s disregard for following a ride’s safety instructions.

Slip and Fall

From the moisture left behind by a water show to grease tracked into a food court by an employee, slip and fall incidents represent one of the most common types of accidents at amusement parks. Most amusement parks assign a team of workers to clean up spills throughout a venue, but the sheer volume of calls makes it difficult for workers to keep up with demand for their services.

An amusement park injury attorney provides several types of legal support, starting with determining the cause of your injury or injuries. From there, your lawyer follows a series of steps to help you build a strong enough case to receive just compensation to recover financial losses.

Receive a Copy of the Official Incident Report

Every amusement park follows a process after a personal injury incident that includes completing a detailed incident report. Although you have the right to receive a copy of the report, the venue where you sustained your injuries might not act with the appropriate sense of urgency to honor your request. By hiring an experienced amusement park injury attorney from Morgan and Morgan, you receive a copy of the official incident report in a timely manner.

Gather Physical Evidence

The official incident report represents just one piece of evidence that helps your amusement park injury attorney build a persuasive case. You also have to collect and organize physical evidence, which should include any footage captured by the venue’s security camera system. The judge hearing your case and the insurance company processing your claim also want to review the copies of your medical records. Your lawyer submits copies of diagnostic tests, as well as detailed descriptions of treatment programs and physical therapy sessions.

Calculate a Fair Value for Compensation

Submitting an unreasonable value for monetary damages is one of the most common reasons why judges and insurance adjusters deny requests for compensation. Your amusement park injury attorney calculates a fair value for compensation by adding up all the tangible costs associated with your case, such as the value of lost wages and medical bills. Then, your lawyer calculates a fair value for non-economic damages, such as the costs associated with emotional distress issues. Getting injured as the result of a defective ride can leave emotional scars for years to come.

Your attorney calculates a fair value for non-economic damages by using a formula that factors in the value of economic damages.

Negotiate a Settlement

Negotiating a settlement with an insurance adjuster helps you avoid the appeals process. If your amusement park injury attorney negotiates a settlement with the other party’s lawyer, you avoid the costly and time-consuming litigation process.

Negotiations start when your amusement park injury attorney submits an initial offer, which the other party can either accept or reject. If the other party rejects the initial offer submitted by your lawyer, you might receive a counteroffer or a formal letter demanding the end of negotiations. Several rounds of counteroffers can follow the initial offer until both sides reach an agreement or decide to move forward to the next step of the process.

Prove Negligence

Proving negligence is the key to winning a civil lawsuit that seeks monetary damages, but your amusement park injury attorney must demonstrate the presence of four legal elements. First, your lawyer must establish that the other party owed you a duty of care to prevent you from sustaining one or more injuries. Second, you must demonstrate the other party breached the duty of care doctrine. The third element of proving negligence requires your attorney to show a link between the amusement park accident and the sustaining of your injuries. Finally, your injuries must have generated financial losses.

As a type of personal injury case, you must follow the statutes of limitations established by your state for filing personal injury lawsuits. Most states have established deadlines for filing personal injury lawsuits between two and four years. However, you might live in a state that has set a statute of limitations as long as six years or as short as one year. The clock starts ticking for your lawsuit on the day when you sustained injuries as the result of amusement park negligence. You might receive an extension if you can show the court you sustained one or more injuries that developed delayed symptoms, as often is the case with conditions like whiplash and concussions.

Although you have plenty of time to take legal action, you should act quickly for two important reasons. First, your amusement park injury attorney needs to speak with witnesses shortly after the incident. Witness accounts tend to be much more reliable the closer they are given to the date of an amusement park accident. Second, you might find yourself in a deep financial hole if you do not take swift legal action. Unless your healthcare providers agree to a medical lien arrangement, you must pay your medical bills when they come due.

If you fail to meet the deadline for filing a personal injury lawsuit, you can expect the court clerk processing your case to dismiss it.

To learn more about how an amusement park injury attorney can help, schedule a free case evaluation with Morgan and Morgan.