During the 12 months of 2017 alone, The United States Consumer Product Safety Commission reported that more than 43,000 injuries occurred in theme parks located in the U.S. Visiting a theme park can serve as an excellent way to have fun, relax, bond with loved ones, and eat delicious snacks. However, all too often, visiting a theme park is also an excellent way to get injured.
It’s important to understand that if you’ve been injured while visiting a Southern California theme park, you have rights as an injury victim. Depending upon the circumstances surrounding the event(s) that caused your injuries, you may be able to hold the theme park and/or third-parties accountable for the harm you’ve suffered. The best way to determine whether you have solid grounds upon which to file a case is to schedule a free (and risk-free!) consultation with the experienced personal injury team at our firm. No two theme park injury scenarios are exactly alike. We won’t be able to evaluate your situation accurately and objectively until we learn more about what you’ve gone through. With that said, there are some considerations you should begin mulling over in the wake of a theme park accident. If any of these considerations inspire questions or concerns, write them down. That way, you’ll be able to bring your questions to your consultation so that we can answer each of them individually.
Broadly speaking, theme parks may be held liable for injuries caused to their visitors if a specific injury scenario meets the basic foundations that must be proven in any successful personal injury lawsuit. These steps are referenced below in ways that envision the theme park as the potentially liable party in an injury action:
With that said, there are some limitations to theme park liability that aren’t usually present in other personal injury scenarios. For example, if you’re riding your motorcycle down the road and a car collides with your bike, the motorist who hit you can’t raise the defense that you signed your rights to sue away when you began driving down the road. However, theme park tickets contain “fine print” that – at least, under some circumstances – limits their liability in the event that a visitor is injured while they are on that theme park’s property.
This is one of the many reasons why it is important to speak with an attorney in the event that you’ve been injured while visiting a theme park. It can be very difficult to know “at a glance” whether your type of injury scenario falls under a theme park’s limited liability shield or whether you may be able to hold that theme park accountable for the harm you’ve suffered. However, an experienced personal injury attorney who handles theme park liability cases regularly will know whether you have grounds to file legal action or not, based on the unique circumstances underlying your case.
Theme parks are dynamic spaces. They feature a variety of surfaces, experiences, and events. As a result, you can never be quite sure how your day is going to unfold in a theme park. Also as a result of the dynamic nature of theme park space, there are seemingly endless ways to get hurt. Some injury scenarios involve third-parties. Meaning, another guest could cause you harm by instigating an altercation, assaulting you, failing to observe the safety rules on rides or attractions, or unintentionally injuring you in any number of ways. It’s important to speak with a lawyer about exactly how you were hurt, as it may make sense to file a third-party suit in addition to or instead of suing the theme park that hosted your visit.
Theme parks are most often held liable when their facilities, equipment, employees, and/or practices cause guests harm. For example, when a ride malfunctions and guests are hurt as a result or an improperly outfitted water ride causes guests to drown, the theme park may generally be held liable because it is responsible for safety maintenance and safety regulation observance of its own resources.
One of a theme park’s most critically important resources is its staff members. When a staff member is not “reasonably careful” with regards to their work-related choices and a guest is hurt as a result, the theme park could potentially be held liable for the actions of their staff, even though they cannot usually be held liable for the actions of other guests. For example, if a staff member is improperly operating a ride, this could be because they were improperly trained. Safety training is the theme park’s responsibility. If someone is hurt due to improper ride operation caused by inadequate training, it is not the staff member that would be held liable personally but the theme park itself.
If you’ve been injured while visiting a theme park in Orange County or elsewhere in Southern California, connect with our experienced premises liability team today to learn more about your options. As previously mentioned, theme parks are able to successfully limit their liability in regards to some injury scenarios, but it is very hard to tell at a glance whether your injury situation will be affected by that limited liability or not. As a result, it’s a good idea to schedule a no-cost, risk-free consultation with our firm to clarify your legal situation with the assistance of an experienced legal professional. You have nothing to lose by exploring your options and potentially a significant amount of compensation to gain by doing so. If you haven’t already scheduled a consultation with our firm, please do so now. We look forward to speaking with you.
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