Injured at an Amusement Park? Our lawyers are here to help.

For millions of families, a day at an amusement park is a chance for fun and unforgettable memories. Unfortunately, accidents and injuries can turn a joyful experience into a waking nightmare, leading to serious harm and even life-long hardships.

While always unexpected, amusement park accidents occur all the time and often cause serious injuries and sometimes even death. To make matters worse, many of the amusement park accidents that have occurred were avoidable if the amusement park’s management had taken the proper precautions.

Most Common Causes of Theme Park Accidents

One of the leading causes of theme park accidents is simple, if not obvious: operator error. This is especially true for smaller fairs and festivals. Typically, these events make use of local contractors to staff the rides. These inexperienced contractors may not be fully or properly trained, leading to accidents and injury. 

Contractors who are not experienced with a particular ride may fail to notice “red flags.” Those warnings could relate to a rider becoming ill, or the mechanical aspects of a ride beginning to fail. While these incidents can occur at any theme park, injury is more likely at smaller amusement parks. 

Another common cause of amusement park accidents is mechanical failure. Whether you’re visiting a smaller pop-up or a long-standing property, the fact is that rides age. Bolts and beams wear down, and that wear can lead to accidents. 

Poorly designed rides can cause injury and accidents, but this type of incident is rare. Most amusement park rides are rigorously tested before humans are allowed to ride. However, some rides do slip through the cracks and can cause injury.

Finally, an amusement park accident could be, in part, due to issues with cleanliness and general maintenance of the park grounds. Theme parks have an obligation to keep the grounds clean and free from hazards. However, spills, cables, and other obstructions can cause trips and slips. 

Common Types of Amusement Park Injuries

Amusement parks feature a variety of attractions and activities, each with its own potential for risk. Some of the most common injuries at amusement parks include:

Slip and Fall Accidents

Slip and falls are common in amusement parks, particularly around water features, food courts, and bathrooms. Wet or uneven surfaces, poor lighting, and inadequate maintenance can all create hazards that lead to serious injuries, including fractures, sprains, and head trauma.

Waterslide Injuries

Waterslide injuries can occur due to high speeds, unexpected drops, or malfunctioning equipment. Victims can suffer from broken bones, concussions, and severe abrasions. Safety procedures are essential, but when they’re neglected, waterslides can pose serious dangers to visitors.

Bumper Car Injuries

Parks must ensure that all rides, including bumper cars, are in safe operating condition. Bumper car accidents can occur due to numerous factors, such as ride operator negligence, rider recklessness, or mechanical failures.

 Serious bumper car injuries can include, among others:

• Fractured wrists
• Neck injuries, such as whiplash
• Concussion and other traumatic brain injuries
• Herniated discs and other back injuries
• Strains, sprains, and dislocations
• Facial and dental injuries

Carousel Injuries

Carousel accidents can result from improper maintenance, mechanical failures, or poor supervision. Injuries range from falls and bruises to more severe harm, especially if riders fall from moving animals or experience sudden stops.

Drop Tower Injuries

Drop tower rides are thrilling but can also be extremely dangerous if not properly maintained or operated. Rapid free-falls can lead to spinal injuries, head trauma, and other serious complications. When accidents happen, victims deserve answers and accountability.

Rollercoaster Injuries

Rollercoasters are among the most popular attractions at amusement parks but also the most dangerous. High speeds, sharp turns, and inversions can lead to injuries, especially if there’s a malfunction. Accidents on rollercoasters can result in life-threatening injuries, including broken bones, traumatic brain injuries, and even death.

Trampoline Park Injuries

Trampoline parks are increasingly popular, but they come with risks of their own. Injuries such as sprains, fractures, and concussions are common, especially if the equipment is poorly maintained or if the facility fails to monitor overcrowding. Trampoline park owners have a duty to ensure a safe environment for guests.

Steps to Take Following an Amusement Park Accident and Injury

After an amusement park accident, taking the right steps is crucial for ensuring both your health and your ability to seek compensation if someone else’s negligence caused your injury. Here are the recommended actions:

1. Seek Immediate Medical Attention

Your health and safety come first. Get medical help as soon as possible, even if the injury seems minor. Some serious injuries may not show symptoms for days or even weeks. Don’t risk it—get evaluated so you can fully understand your condition. Ask for copies of your medical reports and treatment records, which can serve as critical evidence if you decide to pursue a claim.

2. Report the Incident

Report the injury to park personnel or management. They may document the incident in an official accident report. If possible, request a copy of the incident report or make a note of any witnesses or employees involved.

3. Document the Scene

Take photos or videos of the accident location, any potential hazards such as wet floors or defective equipment, and your injuries. If others saw the accident, ask for their contact details. Witness statements can be valuable evidence for your case.

4. Keep Records of All Medical Treatments and Expenses

Record all expenses related to your injury, including hospital visits, medications, and any ongoing care. This will be important for calculating potential damages. Maintain a log of treatments and how the injury impacts your daily life.

5. Avoid Speaking to Insurance Representatives or Signing Anything

Avoid speaking with the park’s insurance representatives without legal counsel, as they may try to minimize liability. Never sign any waiver, release form, or settlement offer without consulting an attorney.

6. Contact Morgan & Morgan

An experienced personal injury attorney at Morgan & Morgan can assess your case, explain your options, and help protect your rights. Our amusement park injury attorneys offer free case evaluations, so you can understand the strength of your claim before proceeding.

If I’m Injured at a Theme Park, Can I Sue?

In some cases, you may be eligible for compensation if you’re injured at an amusement park. That means that, yes, you can sue an amusement park that you believe was directly or indirectly responsible for your accident and subsequent injuries. The claim you file will depend upon the type of injury or accident that occurs. 

To get started, the legal team at Morgan & Morgan can hear your story, evaluate your case, and provide feedback about your legal options—all for free.

Filing a Lawsuit Against Major Amusement Parks

When you’re injured at an amusement park, seeking compensation can be complicated—especially when the defendant is a large, powerful company with substantial resources to defend itself. Here’s what you need to know about filing a lawsuit against major amusement parks like Disneyland, Six Flags, or SeaWorld:

Proving Negligence

To file a successful lawsuit, you must demonstrate that the amusement park’s negligence caused your injury. This can involve proving that the park failed to provide adequate safety measures, maintain equipment, or warn of potential hazards. Our attorneys are skilled in gathering evidence, including accident reports, witness statements, and video footage, to support your claim.

Identifying Responsible Parties

In many cases, multiple parties may be liable, including the amusement park owners, ride manufacturers, and even subcontractors. Determining who is responsible can be complex, but it’s a crucial step to ensure you pursue the correct parties and maximize your chances of compensation.

Understanding Park Waivers

Most amusement parks include waivers in their tickets or entrance agreements, aiming to limit liability in case of an injury. However, these waivers are not always enforceable, particularly in cases of gross negligence. Our attorneys are experienced in challenging these waivers to help ensure injured victims receive fair compensation.

Calculating Damages

Victims of amusement park injuries may be eligible to recover damages for medical bills, lost wages, pain and suffering, and long-term rehabilitation. We work with medical experts and financial analysts to calculate the true cost of your injury, ensuring you seek a fair and just amount in your claim.

Handling Insurance Companies

Major amusement parks typically have powerful insurance companies on their side, but you deserve an equally formidable advocate. Our attorneys handle all negotiations with insurers to protect your rights and work tirelessly to achieve a favorable settlement or verdict.

Can I File a Lawsuit if I Signed a Waiver?

Yes, signing a waiver does not necessarily prevent you from filing a lawsuit. If the amusement park was grossly negligent, you may still have a case. Our attorneys can review your situation and advise on the best course of action.

What Compensation Can I Get for an Amusement Park Injury?

The compensation you can recover for an amusement park injury depends on the nature of your injuries and the circumstances surrounding the accident. Compensation is typically designed to cover both your immediate expenses and the broader impact of your injury on your life. Here are some common types of compensation you may be eligible to receive:

Medical Expenses

• Immediate Costs: This includes ambulance fees, emergency room visits, surgeries, hospital stays, and any other immediate medical care related to the injury.
• Ongoing Care: If you need follow-up appointments, physical therapy, rehabilitation, or specialized care, these costs can also be covered.
• Future Medical Needs: If the injury has long-term health impacts, compensation may include future medical expenses, including possible surgeries or ongoing treatments.

Lost Wages and Lost Earning Capacity

• Lost Wages: If your injury prevents you from working temporarily, you may be compensated for lost income.
• Diminished Earning Capacity: If the injury affects your ability to work in the future, such as limiting mobility or cognitive ability, you may be entitled to compensation for reduced earning capacity.

Pain and Suffering

• Physical Pain: Compensation for the physical discomfort or pain you’ve experienced and may continue to experience.
• Emotional Distress: Many amusement park injuries can lead to lasting psychological effects, such as anxiety or PTSD, especially if the injury was traumatic.

Loss of Enjoyment of Life

• Quality of Life: If your injury impacts your ability to enjoy life activities or hobbies, this form of compensation accounts for the reduced quality of life.
• Lifestyle Adjustments: Compensation may also cover modifications you need to make to your lifestyle to accommodate the injury.

Disability and Disfigurement

• Permanent Disability: If the injury results in a permanent disability, you may be entitled to additional compensation to address long-term needs.
• Scarring or Disfigurement: Some amusement park injuries, such as burns or severe fractures, may leave visible scars or other permanent disfigurement, warranting additional compensation.

Property Damage

• Personal Items: If the accident damaged your belongings, such as a phone, glasses, or even clothing, you could recover costs to repair or replace these items.

Punitive Damages (in Certain Cases)

• Gross Negligence: If the park’s actions were especially reckless, such as failing to address a known hazard, a court may award punitive damages. These are meant to punish the responsible party and discourage similar negligence in the future.

By filing a comprehensive claim, you may be able to recover substantial compensation to address the physical, financial, and emotional costs associated with your amusement park injury.

How Long Do I Have to File a Claim for an Amusement Park Injury?

The amount of time you have to file a personal injury claim, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply, such as in cases involving minors, government entities, or when the injury wasn’t discovered right away.

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.

Do Amusement Park Injury Cases Settle Out of Court?

Yes, many amusement park injury cases do settle out of court, often due to the desire to avoid a lengthy and costly trial. If the amusement park’s fault in the injury is obvious—such as a documented maintenance issue or a visible hazard—the park or its insurer may prefer to settle. Clear liability makes it easier for the injured party’s attorney to demonstrate fault, incentivizing the park to offer compensation without risking a court trial.

For minor injuries, parks and insurers often settle quickly to avoid the expenses of litigation. However, in cases with serious injuries (such as broken bones, traumatic brain injuries, or spinal injuries), settlements may take longer and involve larger compensation packages to cover extensive medical care, ongoing treatment, and lifestyle changes. Severe injuries also increase the likelihood that the injured party will push for higher compensation, which can lead to prolonged negotiations.

Trials are usually more expensive and time-consuming than settlements. For both amusement parks and injured parties, an out-of-court settlement can provide a quicker and more predictable outcome, saving both sides on legal fees and court costs. Amusement parks also often prefer to settle out of court to avoid negative publicity. A trial can attract media attention, which can impact the park’s reputation and discourage visitors. Confidential settlements keep details of the incident private, helping amusement parks manage their brand image.

Attorneys for both sides often engage in settlement negotiations after evidence has been collected. If both parties agree on a fair compensation amount, the case may settle out of court. However, if they cannot agree, the case may proceed to trial.

A skilled personal injury lawyer from Morgan & Morgan can negotiate a fair settlement and gather evidence to support the claim. If settlement negotiations do not yield a fair result, they can build a strong case for trial, ensuring that the injured party’s rights are protected at every stage.

Why Choose Morgan & Morgan?

At Morgan & Morgan, we take amusement park accidents very seriously. In fact, it’s the very reason we started our law firm. Our Founder John Morgan’s brother was injured at an amusement park, and the family’s lawyer failed to get them the compensation they needed and deserved. From that point on, John Morgan dedicated his life to fighting For the People so they could get justice.

Since then, our law firm has helped countless victims of amusement park injuries get the compensation they deserve, and we’ve recovered over $20 billion for our clients in the process. With an army of over 1,000 attorneys with offices in every state across the country, we have the resources, experience, and commitment to fight for your rights against powerful corporations. When you choose us, you’re choosing a team dedicated to making sure you and your loved ones are not overlooked.

If you or someone you love has suffered an injury at an amusement park, don’t navigate this complicated rollercoaster of a process alone. Contact Morgan & Morgan today for a free, no-obligation case evaluation.