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Hersheypark Injury Lawyer

A Hersheypark injury lawyer is the best person to contact for a free case evaluation if you or a loved one has been injured at this popular theme park. You are in the right place if that is what you are looking for. As America's largest injury firm, we may be able to help hold the theme park accountable for your injuries and secure the compensation you need and deserve. Read on to learn more.

Overview of Possible Incidents at Hersheypark Warranting a Lawsuit

While Hersheypark is designed to provide a safe and enjoyable experience, accidents and injuries can do occur, warranting a lawsuit to recover compensation for your damages. Here's a quick look at some possible incidents that might raise the need to take legal action against the popular theme park.

  • Slip and fall accidents, especially on wet, uneven, or poorly maintained surfaces.
  • Water ride accidents in any of the theme park's rides.
  • Mechanical failures.
  • Operator errors.
  • Collisions with other visitors in crowded areas.
  • Consuming contaminated food or beverages sold by the theme park.

Hersheypark has had its own fair share of such cases over the past few years. For context, in 2020, a father filed a lawsuit following his nine-year-old son's 'near-death' experience while riding a roller coaster at Hersheypark. The year before, three riders fell off rafts on the park's Breakers' Edge water coaster.

What to Do If You Get Injured at Hersheypark

Every individual who visits Hersheypark hopes to have the time of their life. However, the truth is that injuries do happen, and it's best to understand what to do if you or a loved one ever becomes a victim.
Here are some quick steps you should follow in such a situation.
Immediately seek medical attention by calling 911 and notifying park staff about your injuries. If you are in severe pain, do not move an inch. It could only make the injuries worse.
When you report the injury to Hersheypark staff, they will likely create an accident report. Make sure you obtain a copy of the report; it could prove crucial somewhere down the line.

If possible, gather as much evidence about the injury as you can. We will discuss different types of admissible evidence in such cases shortly.
After seeking medical attention, ensure you keep records of all medical treatments you've received. This documentation will prove the extent of your injuries and how they've impacted you financially.
Lastly, contact Morgan and Morgan for a free case evaluation. If you have a valid claim, our amusement park attorneys may be able to help you obtain compensation for your injuries.

How an Amusement Park Lawyer Can Help

In this type of case, you need a personal injury lawyer specializing in amusement park accidents. For example, such theme parks may have you sign waivers to free themselves from liability in case of an accident or injury.
But just because you signed a piece of paper does not mean the amusement park is not responsible for your injuries. While they may make you believe so, that is not usually the case, and you will likely need a lawyer to prove that.
The attorney will evaluate the circumstances surrounding your injury and assess the strength of your case. In addition, they will review available evidence to determine the validity of your claim and whether it is strong enough to warrant compensation for your injuries.
If you have a reasonable claim but insufficient evidence, the attorney will help gather evidence and all necessary documentation to build a strong case on your behalf. They will then establish liability, assess your damages, and prove negligence by Hersheypark or other responsible parties.
Once they've gathered the evidence, established liability, and filed a claim, the attorney will negotiate with the insurance company representing Hersheypark, ensuring your best interests are protected.
Alternatively, if the insurance company proves difficult to negotiate with or offers an unreasonable settlement, taking the case in front of a judge and jury might be the next option for you. The lawyer will guide you throughout the process and also prepare you for trial, deposition, and other court-mandated processes you need to follow when pursuing your right to compensation.

Establishing and Proving Liability for Injuries Sustained at Hersheypark

In this kind of personal injury lawsuit, certain types of evidence might hold more weight than others when proving liability. Visual evidence, such as photographs or videos of the accident scene, hazardous conditions, or defective equipment, can help demonstrate how the accident occurred and the extent of your injuries.
The court might also consider testimonies from individuals who witnessed the accident or observed the conditions that led to your injury. This could be fellow visitors at the theme park or, even better, expert witnesses.
Official accident reports filed by park personnel or police officers may also be admissible in court and when filing a claim with an insurance company.
Remember when we mentioned the importance of seeking medical attention right after the injury? Medical records documenting your injuries, diagnoses, treatments, and prognosis can help establish the extent and severity of your injuries and the direct connection with the accident.
We may also need to review Hersheypark's maintenance and safety records, including inspection logs, repair records, and incident reports, to find out if there was any case of negligence or safety violations by the theme park's management. The same applies to evidence of prior accidents, injuries, or complaints against the establishment.
Lastly, employment records can establish whether Hersheypark's administration was negligent in hiring or training their employees, increasing the risks of injuries at the theme park. If found to be negligent, you may have a case against the theme park.

Common Challenges Of Suing a Theme Park Like Hersheypark

Don't let anyone make you believe that suing a theme park, especially one as powerful as Hersheypark, is a walk in the park. That's never the case. In fact, while your attorney's experience might help in such a situation, that's not the only thing that matters, as you will find out later in this article.
For starters, amusement parks generate huge amounts of revenue every year and can afford to hire strong defense teams. These lawyers are usually experienced in handling complex claims and are well-equipped with the resources they need to protect the park's interests. That's because most lawsuits against amusement parks are usually worth millions of dollars, an amount such establishments will not sit back and watch slip from their hands without a fight.
Secondly, there are no uniform federal standards for regulating amusement parks. For example, The Department of Agriculture's Division of Amusement Rides and Attractions is the state agency responsible for regulating amusement parks in the state of Pennsylvania, like Hersheypark. This means that each state has its own unique laws, making it even more challenging even for some established attorneys to navigate.
While the issue of establishing liability in amusement park cases might seem straightforward on paper, that's not always the case. Park operators are aware of the risks involved when running these gigantic machines. For this reason, they often require visitors to sign liability waivers, which can complicate matters when trying to determine who is liable for your injuries. These waivers aim to limit the park's responsibility for injuries, making it more difficult to prove negligence or fault on their part.
Also, investigating accidents in theme parks is never an easy process. For example, when identifying potential witnesses, you'll likely be dealing with people you've only met probably once in your life and in a crowded environment (the theme park). Similarly, gathering evidence while navigating the park's internal investigation process may also present obstacles when building a strong case.
Pennsylvania follows the modified comparative negligence system, where plaintiffs who are more than 51% at fault for the accident cannot claim compensation. Given the powerful resources these parks have access to, all they need to do is convince the judge or jury that you are only 51% responsible. That's enough reason to have your case dismissed. Finally, like any personal injury claim, you must keep an eye on the statutes of limitations. In Pennsylvania, the deadline for filing a lawsuit for such a case is two years from the date the accident occurred. If you miss this deadline, you won't be able to sue.

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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

  • How Much Is My Injury Case Against Hersheypark Worth?

    Your case could be worth hundreds of dollars or even millions — it all depends on its specifics, and that's why you need a free case evaluation by experts from Morgan and Morgan. It is only after reviewing the case that we will be able to tell what you should claim.

  • Can I Negotiate Directly With Hersheypark Without a Lawyer?

    Yes, you can, but it's important to consider the potential pitfalls of such a decision. Lawsuits against amusement parks are usually not the easiest to handle, and if you choose to represent yourself, you will likely encounter the challenges we discussed earlier in this article or something similar.
    On top of that, you won't know the true value of your claim without an attorney's intervention. Because they have handled similar cases before, they know what to claim and how to strengthen your case to boost your chances of winning.

  • How Much Will Morgan and Morgan Charge to Represent Me?

    There are no upfront costs when you hire Morgan and Morgan to represent you. Instead, we only get paid a small percentage of the settlement, usually between 30 to 40 percent, if we win the case.

  • Hire a Morgan and Morgan Amusement Park Injury Lawyer

    Now that you know how a Hersheypark injury lawyer can help in such a situation, the next thing you need to do is get in touch with Morgan and Morgan for a free case evaluation. Our legal team will review your case and contact you to discuss the next steps. If you have a valid claim, we may be able to fight for your right to compensation.

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