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How to File a Claim Against an Amusement Park

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How to File a Claim Against an Amusement Park

According to some estimates, more than 330 million Americans visit amusement parks each year. With so many visitors, it is unsurprising that many personal injuries take place at amusement parks.
Accidents and injuries are even more common because of the prevalence of high-speed and elevated rides at theme parks. If you have been injured at an amusement park, you may be owed compensation for the resulting damages.
When you need to know how to file a claim against an amusement park, reach out to the firm at Morgan & Morgan. Our legal experts have a working knowledge of the relevant safety regulations that apply to amusement parks.
Some states have statutes that require amusement parks to adhere to safety regulations. Other states allow these parks to operate without regulatory oversight.
No matter what the regulatory status of an amusement park, owners and operators have a duty to keep customers safe. If you are wondering how to file a claim against an amusement park, our attorneys can help.
At Morgan & Morgan, we have the skills and specialized knowledge to hold negligent park operators accountable. You should not have to bear the burdens from an amusement park accident that you did not cause.
To schedule a no-cost legal evaluation with the team at Morgan & Morgan, fill out the contact form on our website.

Amusement Park Accident Facts and Figures

When they are properly maintained, amusement parks are very safe for patrons. Relatively speaking, amusement park injuries are rare.
But when an owner, operator, or employee is negligent, the chance of accidents increases. Each year, thousands of people are injured in amusement park accidents.
Research from the U.S. Consumer Product Safety Commission (CPSC) revealed more than 30,000 amusement park patrons sustained injuries requiring emergency room visits in a single year. Almost 4,000 of these injuries were sustained by children.
Each day during the summer months, an average of 20 amusement park injuries will occur. 
Sadly, some of these personal injuries are fatal. This is because many rides consist of heavy and complex machinery. Some attractions move at incredibly high speeds and carry patrons to massive heights.
According to the CPSC, more than four people are killed at amusement parks in an average year. The causes of these fatal injuries are as follows:

  • 27% of deaths are caused by roller coasters
  • Elevated rides are responsible for 20% of amusement park deaths
  • Water-related rides cause 15% of these fatalities
  • 13% of deaths result from rides that involve spinning

Even rides that do not involve extreme heights or speed can cause injuries. Merry-go-rounds, for example, can cause damage when customers' hands, feet, or clothing become stuck in the machinery.
The statistics listed above only account for permanently standing amusement parks. Rides and attractions at carnivals are often broken down, moved, and reassembled.
This consistent rebuilding increases the likelihood of human error. When rides are assembled improperly, patrons may face additional hazards. 
Following an injury, you have the legal right to pursue compensation for any damages that you sustained. If you are wondering how to file a claim against an amusement park, do not wait.
Let the legal experts at Morgan & Morgan handle your case. Legal claims against amusement parks can be highly complex. Our lawyers have the experience to get the money that you deserve.

Proving Negligence in Amusement Park Accidents

One of the most important elements of any personal injury claim is determining liability. Most amusement park injury cases involve the legal concept of “negligence.”
When an injury is the result of the inattention of a park employee or operator, the victim may be able to successfully prove that they were negligent. 
In a typical negligence case, the victim must show that the law required the other party to maintain a reasonable standard of care. This is known as a “duty of care.”
Owners who invite the public into their amusement parks have a duty to keep patrons safe. To prove negligence, the claimant must also show that the defendant breached their duty of care. 
A duty of care can be breached through action or inaction. Taking a reckless action may qualify as negligence. However, failing to act appropriately may also qualify.
In a negligence claim, the plaintiff must prove that the defendant’s breach of duty was the cause of the accident or injury. If the defendant’s carelessness was not the reason for the damage to the victim, they will be unable to prove negligence.
Finally, the claimant must show that actual harm resulted from the negligent action. Speak with a personal injury attorney if you need to know how to file a claim against an amusement park.
Amusement parks are also responsible for the behavior of their workers. If an employee is reckless or careless, those who are injured may file a claim against the park.
Some common examples of amusement park owner and operator negligence include:

  • Lack of clearly visible warning and hazard signs
  • Warning signs that do not adequately communicate the possible risks
  • Lack of proper training for ride operators
  • Inadequate equipment maintenance and upkeep
  • Failure to conduct regular equipment inspections
  • Improper operation of an attraction or ride
  • Failing to provide riders with safety instructions
  • And more

There are many ways that a park owner or employee can breach their duty of care to patrons. Negligent amusement park operators should be held accountable for the damage that they cause.

Product Liability Cases

Not every amusement park injury claim involves negligent owners or operators. Some rides are dangerous even with proper upkeep and maintenance.
If a design or manufacturing defect causes an injury, those responsible may be liable for damages. For instance, imagine that a poorly designed lap safety bar comes open during a ride. 
If the rider sustains harm as a result, they can pursue compensation from the manufacturer, distributor, or retailer. This type of claim is known as a “product liability” case.
To prove that a product was faulty, the plaintiff must show that the defective piece of equipment caused their accident or injuries. Product liability claims can involve more than one liable party. 
As a result, these cases are often highly complex. The accomplished legal specialists at Morgan & Morgan have years of experience representing plaintiffs in product liability claims.
If you believe that a defective element of an amusement park ride caused your injury, reach out to our firm. The experts at Morgan & Morgan know how to file a claim against an amusement park successfully.

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  • What Steps Should I Take Following an Amusement Park Accident?

    After you have been injured because of another person’s negligence, it is critical to act quickly. Failing to do so could result in a diminished or dismissed personal injury claim.
    The more evidence and information you can collect, the better. An accomplished injury firm will use the evidence from your accident to build a powerful legal case on your behalf.
    Some victims are tempted to ignore their injuries, especially if they seem minor. It is ill-advised to do so.
    In some cases, serious injuries do not present signs or symptoms until days after the incident. No matter the severity of your injury, it is vital to take the following steps after an accident:

    • Report the accident or injury to amusement park personnel
    • Take pictures of your injuries
    • Take pictures of the hazard or danger that caused your injury
    • Speak with anyone who witnessed the accident
    • Document eyewitness testimonies with notes, audio, or video
    • Accept a medical assessment if the park provides it
    • Call 911 if no medical care is available
    • Take notes regarding your experience of the accident
    • Save all medical records and documents
    • Save any medical bills, receipts, or invoices

    It is vital to keep track of any work or wages that you miss because of your injury. Victims can claim damages for wage loss through personal injury lawsuits.
    Finally, you should contact a law firm with plenty of experience in amusement park accident cases. These claims often involved nuanced logistical and legal elements. 
    The firm at Morgan & Morgan has successfully tried and settled more than a million cases since our founding in 1988. We will evaluate your situation, determine liability, and fight for maximum compensation for you.

  • Should I Provide Upfront Payments for a Personal Injury Attorney?

    You should never hire an attorney or firm that requires payment before taking your case. Reputable injury lawyers work based on contingency fee payment structures. 
    With a contingency fee structure, you will agree to a certain percentage of the recovery from your case to be set aside for legal fees. You will not pay anything unless your attorney successfully gets money for you.
    When the case is won or settled, the agreed-upon percentage will be used to cover attorneys’ fees. 

    The compassionate lawyers at Morgan & Morgan understand that accident victims face many financial challenges. Because of this, we only get paid if we recover financial compensation in your case. We are confident that we can get the money that you deserve.

  • What Are the Most Common Amusement Park Injuries?

    There are many potential dangers on the grounds of an amusement park. Although most accidents occur on rides, customers can also be harmed while walking on the park grounds.
    For instance, suppose that there is a loose electrical cable laying across a walkway. If there is no appropriate signage and a patron trips, the park can be held accountable for the ensuing damages.
    Some of the most common injuries resulting from amusement park negligence include:

    • Head and neck injuries, including traumatic brain injuries
    • Broken bones and fractures
    • Cuts, bruises, and other soft tissue damage
    • Back and spine injuries
    • Joint damage and dislocation
    • Damaged extremities
    • Falling accidents
    • And more

    When you need to know how to file a claim against an amusement park, reach out to a skilled tort attorney.

  • Morgan & Morgan Will Fight for You

    When you need the best legal representatives available, look no further than America’s largest injury firm at Morgan & Morgan. Our accomplished team has recovered over $13 billion for our clients.
    If you or someone you love has been injured as the result of amusement park owner or operator negligence, do not wait. The legal specialists at Morgan & Morgan will happily provide you with a no-obligation consultation to discuss the facts of your case.
    Fill out the contact form on our website to schedule your free case evaluation today. Let us get the money that you deserve.

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