California is home to the largest collection of amusements parks in the west coast. Every year millions of people visit California Amusement Park. California Amusement Parks are one of the state’s largest sources of tourism. Vacationers come from all over the county and even from abroad to visit Southern California’s many popular theme parks, such as Disneyland, Knott’s Berry Farm, Magic Mountain, Universal Studios, Disney’s California Adventure, and Lego Land.
Amusement Park Accidents have been on the rise over the last few years, as park owners seek to attract more visitors by offer newer, faster, taller, and scarier rides. The competition among California Amusement Parks to provide the ultimate thrill ride has led to the creation of faster and riskier roller-coasters and theme rides. As the speed and g-forces increase, so does the risk of serious injury to the riders.
In California the Occupational and Safety and Health Administration (“Cal-OSHA”), is one of the California regulatory agencies in charge of regulating and inspecting amusement park rides. While safety measures and regulations exist to minimize the risks to the park visitors, hundreds of amusement park injuries still occur every year. According to the Consumer Product Safety Commission, some of the causes of these injuries include: Operator Negligence, Inadequate Operator Training, Defective Design, Mechanical Failure, and Improper Maintenance.
According to published statistics there are between 10,000 and 12,000 amusement ride injuries happen on an annual basis.
Injuries at such theme parks can often times are serious which cause long term injuries, both physical and psychological.
If you have suffered any injury at a theme park, amusement park, circus attraction or street fair, contact our amusement park injury attorneys for a free consultation and case evaluation of your claim. Based on the type of harm suffered you can recover for lost wages, medical bills, pain and suffering and other related injuries. The statute of limitations in California varies for the type of injury so it is important to immediately file your case in order to preserve your rights.
Theme parks are not required by law to report injuries or fatalities which occur on their property to any single agency. While amusement parks are not considered to be dangerous there are a number of accidents which occur leaving the injured party with long term medical injuries. Whether it is operator negligence or a malfunctioning ride, serious injury are likely to occur. Our research shows that most injuries are related to operator negligence where the ride operator either suddenly stops the ride or fails to stop the ride appropriately. Such injuries generally cause mild to severe neck and spine injuries. Other related injuries include abrupt stopping, restraint malfunctioning or derailed rides.
California Amusement Park Common Injuries
California’s major theme parks which are frequently traveled by both residents and tourist include:
According to the Consumer Product Safety Commission (CPSC), there are several leading contributors to amusement park injuries and fatalities. Most injuries occur due to:
If an amusement park accident was caused by the carelessness or inattention of the park or a park employee, then the most likely legal claim is for negligence. In a standard negligence claim, the plaintiff must prove that the law required the defendant to be reasonably careful, that the defendant was not careful, and that this carelessness caused the plaintiff to be injured.
The amusement park is responsible for the actions of its employees. So if an employee is negligent, injured parties may sue the park for that employee’s actions. The park or its employees may be negligent by affirmatively doing something or by failing to do something. Examples include:
Some amusement park accidents are caused by defective rides or components and not by improper maintenance, inspection, operation, or use. For example, the faulty design of a lap bar may cause the bar to unlatch mid-ride, so that the rider falls to the ground.
Structural or design defects in the ride itself may give rise to defective product liability claims against the manufacturer of the ride or the maker of the defective part. In these claims, plaintiffs must prove that the structure, equipment, or part was defective and that the defect specifically caused injury or death to the victim.
If someone knows that participating in an act or event is inherently dangerous, but chooses to participate anyway, that person is said to have “assumed the risk” associated with that activity. When you visit an amusement park, you realize there are certain risks inherent in riding on the rides and, when you go on those rides, you are assuming those risks.
The legal effect of assumption of the risk depends on the state. In some states, if the park can show that you assumed the risks of a certain ride, the park will not be liable for your injuries. In other states, whether you assume the risk or not may affect the amount of money you receive should you prevail in a lawsuit. In still other states, assumption of the risk has no effect at all — the amusement park cannot use it as a defense.
Assumption of the risk is not a blanket defense that can be employed against anyone who knowingly goes on an amusement park ride. Patrons must be aware of the risks involved in order to assume them. So, for example, if a rider doesn’t know about a loose screw in a roller coaster, that the ride operator received little or no training, or that the park never conducts safety inspections, the rider cannot have assumed the risks associated with those details.
If an injured rider did not comply with posted age, weight, or height requirements, an amusement park or ride manufacturer may raise this as a defense, especially if the injury was wholly or partially caused by the rider’s small size. This defense isn’t a slam dunk, however. For example, plaintiffs might be able to prove that a properly trained rider operator would have noticed the child’s small size and prevented the child from going on the ride in the first place.
When riders don’t follow posted safety rules and this disregard leads to injury, the amusement park is sure to raise this as a defense as well. For example, if a rider unlatches his seatbelt on a spinning ride and then is thrown from the car, a court is unlikely to find the park negligent.
The amusement park may argue that the disclaimer on the amusement park ticket (the legal language saying you absolve the park of all liability when you enter the park) means you cannot bring a lawsuit against it.
These defenses rarely hold water in court. Judges know that most patrons don’t read the disclaimer and usually rule that the disclaimers are so vague and all-inclusive that they are patently unreasonable. In addition, it’s questionable whether a child or teenager that is legally unable to enter into a contract can be held to what the amusement park is attempting to do (absolve itself of legal liability) via the disclaimer.
Based on the specifications of your case – the details of the accident, how severe your injury was, it is ultimately going to determine what you could be entitled to sustain based on your case. However, what you can be compensated for if your case prevails can often be put into several different categories.
The categories of compensation can include:
Medical bills: Should you win your case, you could be awarded compensation for medical bills you’ve had to pay as a result of your injury. This includes both past and future bills stemming from the injury, and can potentially cover expenses such as transport or in-home rehabilitation services.
Lost wages: Lost wages can be awarded if your injury has caused significant missed time at work, or has made you unable to perform your job. You could be entitled to even more lost wages if the injury leaves you permanently disabled and unable to find consistent work.
Pain and suffering: In some cases, the damages endured from physical pain and emotional suffering can be compensated to pay for therapy treatments.
Punitive damages: Punitive damages are awarded in more extreme cases, wherein the injury was caused by someone’s recklessness. They are awarded to try and dissuade the defendant and others from acting with that level of recklessness again.
Contact a California Amusement Park Lawyer to schedule a free, no obligation initial case evaluation at ( 310) 894-6440. Our Personal Injury Attorneys will help protect your rights. And remember, You Don’t Pay until You Win, or You Don’t Pay At All!
Contact a California Amusement Park Lawyer to schedule a free, no obligation initial case evaluation at ( 310) 894-6440. Our Personal Injury Attorneys will help protect your rights. And remember, You Don’t Pay until You Win, or You Don’t Pay At All!
If you are in need of a California Amusement Park Accident Lawyer to help you get appropriate compensation and medical care you deserve, you should contact a Personal Injury lawyer today. Our experienced Personal Injury Attorney will help you overcome your California Amusement Park Accident injury or damage.
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