Amusement Park Cases in 2022

You would expect the United States, one of the countries with the most powerful legislation in the world, to end these accidents with immediacy. But unfortunately, that is not the case.

Amusement park accidents are common because, in most cases, states do not have control over these establishments. The federal government only has control over fixed-park rides. These kinds of rides are permanently affixed to a site; they do not move from one spot to another.

Disneyland and Six Flags are good examples of fixed-park rides.

However, the federal government does not usually have control over mobile rides. These are the rides that move from place to place. You’ll find them at fairs and other events. Only a handful of states have control over mobile rides operating within their territories.

A majority of states rely on insurance companies and mobile-ride owners to keep these rides safe. As a result, a lack of regulations leads to negligence, injuries, and deaths.

Some common injuries at amusement parks include:

• Traumatic brain injuries
• Lacerations
• Broken bones and torn ligaments
• Drowning on water slides
• Concussions
• Whiplash injuries
• Amputations
• Sprains
• Cuts and bruises

Amusement park injuries occur due to various reasons. Our attorneys have established that in most cases, such injuries occur due to negligence.

These accidents can occur:

• when there is a mechanical error affecting certain functions of the ride;
• if the operator operates the ride improperly;
• when the operator fails to follow instructions for using that particular ride; and
• when the ride is poorly designed, increasing the risk of injury or even death.

Note that the points above only highlight common causes of amusement park accidents. The exact cause will depend on the specifics of your case.

Follow these steps if you have been injured at an amusement park:

• Call 911 and request an ambulance if you have suffered serious injuries
• Document your injuries and accident scene, if possible
• Collect evidence of the accident scene, such as photos and videos, if possible
• Seek medical attention even if you do not need to go to the emergency room
• Do not accept responsibility for the accident
• Do not say you feel okay even if you do not experience any pain or discomfort
• Contact a Morgan and Morgan amusement park attorney for a free case evaluation

It is important to note that the steps to take after such an injury will depend on the specifics of your case. However, seeking medical attention and contacting an attorney are two of the most important steps, regardless of the nature of your injuries.

Yes, you can. However, this will depend on certain details about your case. For example, if the statute of limitations expires before you file your lawsuit, you will lose your legal right to sue the amusement park for your injuries.

The statute of limitations on amusement park injuries varies from one state to another. That said, most states allow between two to three years to file such a lawsuit. Although this might seem like enough time on paper, things could be different in the real world.

Amusement park cases are complex. It takes a lot of time, resources, and effort to build a strong case against the other party. This is why it is always advisable to contact an attorney immediately. The earlier you contact them, the better their chances of building a strong case before the filing deadline expires.

More than one party might be responsible for your injuries. It is your attorney’s responsibility to conduct thorough investigations and identify these parties.

The exact parties responsible for the accident will depend on the specific details of the accident. For example, if you were injured due to faulty equipment, the amusement park owner might be held responsible.

In such a scenario, the owner owes you a duty of care when you visit the amusement park. It is, therefore, their job to ensure that the rides are in good condition. Lack of proper maintenance could lead to severe injuries or even death, warranting a lawsuit.

In addition, let’s say you got injured because one of the pieces of equipment at the park had a faulty design. The manufacturer might be liable for the injuries or death in that case.

You can claim compensatory damages. These include economic and non-economic damages.

Common examples of economic damages in these kinds of cases include:

• Lost wages if you were unable to work due to the injuries sustained
• Loss of earning potential if you lost an opportunity to earn a living due to the accident
• Medical expenses, including but not limited to ambulance costs, hospital stay, etc
• Cost of medical equipment, such as wheelchairs, braces, walkers, and other supportive devices
• Transport to and from your medical appointments, such as physical therapy
• Cost of securing additional medical services such as physical therapy, counseling, and specialized treatment

Common examples of non-economic damages include:

• Pain and suffering, especially if you need surgery
• Emotional distress
• Post-traumatic stress disorder
• Loss of enjoyment of life

Your spouse can also file a loss of consortium claim if the injury negatively impacted your relationship. For example, they can file a loss of consortium claim if they cannot have sexual intercourse with you due to the injuries you sustained in the accident.

If the liable party was extremely negligent, the judge or jury might award you with punitive damages. For instance, let’s say the manufacturer of that particular ride went for the cheapest and lowest quality materials on the market to cut costs. This could be a form of gross negligence because they knowingly put people’s lives at risk thanks to their greed.

However, keep in mind that punitive damages are not guaranteed. Secondly, many states have a limit to the amount of money plaintiffs can recover as punitive damages, usually between three to five times the compensatory damages or a specified amount — whichever is higher.

It depends on several factors. Examples include:

Post-Accident Procedures

The steps you take after the accident could make or break your case. For example, if you fail to seek medical attention, the other party could claim that you were not injured in the first place. Similarly, if you seek treatment but fail to follow the doctor’s instructions, the liable party could claim you only sought treatment to strengthen your case and not because you were injured in the first place.

Your Role in the Accident

The compensation you may be eligible for will also depend on your role in the accident. For example, if you were negligent, leading to the accident, you may be able to recover compensation. However, the amount will be based on your percentage of fault. This legal concept is known as comparative negligence.

Earlier, we mentioned that you should not accept liability for the accident even if you feel you were partly at fault. This is because doing so limits the amount of compensation you may recover.

Whether You Have an Attorney

Hiring an attorney significantly increases your chances of obtaining favorable results. This is because such an attorney understands different tactics to maximize your claim. They can also help devise a legal strategy to help you win.

The Strength of Evidence

When you file an amusement park lawsuit against the other party, you must prove that they are liable for your injuries. You can only do this if you have strong evidence against the other party. An experienced attorney can help collect relevant evidence to prove your case.

Keep in mind that what you consider as evidence for this case might not be what personal injury law looks for. Similarly, even if you suffered visible injuries, the other party will not agree to settle if you have insufficient evidence.

Contacting an attorney as soon as possible allows them to build a strong case on your behalf and when the evidence is still fresh. If you do not contact a lawyer immediately, the other party will have more than enough opportunity to tamper with evidence. Such actions make it difficult, and sometimes impossible, to prove liability.

Amusement park accidents often lead to devastating injuries and even death. Therefore, you should not trust just any attorney or law firm you come across to handle a case of this magnitude. Instead, you need a powerful law firm like Morgan and Morgan.

Here is why.

Powerful Legal Resources

We are the largest personal injury law firm in the United States. For this reason, you can count on us when you need a law firm with powerful legal resources to fight for you.  

Proven Track Record of Winning

Morgan and Morgan has a proven track record of winning. So far, we have helped our clients recover more than $13 billion as compensation for different injuries.

Experience Handling Personal Injury Cases

Our law firm has been serving clients from coast to coast for over three decades. Founded in 1988, there is always a Morgan and Morgan attorney nearby ready to fight for you. To put things into perspective, our law firm has over 800 personal injury lawyers located in different cities across the nation, ready to fight for you.

Ability to Fight in and Out of Court

Because we have experience handling big cases, you can count on us when you need legal representation in and out of court. Although most of these cases settle out of court, we are always prepared for anything. We will take the fight to court if the other party refuses to settle.

We Do Not Settle for Less

At Morgan and Morgan, we do not win cases just to wrap up and move on to the next. We are not one of those law firms that do not care about what is best for their clients; they just want to win a case.

Such law firms or attorneys will settle for anything just to add that victory to their success story. But at Morgan and Morgan, we believe that true victory is when we restore the smiles on your client’s faces after an injury or loss of a loved one due to negligence.

We do not settle for less than what our clients deserve. We fight for our clients like our lives depend on it because we understand the pain of living in financial hardship due to a single life-changing accident.

If you or your loved one has been injured at an amusement park, you can count on us to fight for you. But, as mentioned before, time is crucial in these cases. The more you wait, the harder it is to win.

Get your free case evaluation today.