The short answer is yes. If you get hurt at an amusement park, you can file a lawsuit, whether it be a fracture, head trauma or concussion.
The top theme parks, water parks, and attractions worldwide saw an increase in attendance of 521 million visitors in 2019 after surpassing the half a billion milestone in 2018. So, there are a lot of people at amusement parks, which means accidents can -- and will -- happen. Even though accidents resulting in injuries happen infrequently at theme parks, it's important to know who is at fault and your legal options so you can recover damages for your losses.
A NJ personal injury lawyer from Brandon J. Broderick is here to help you. We will work to establish negligence against the park, and seek compensation, which may include medical costs, lost wages and even pain and suffering.
Read on to learn more about injuries that occur at amusement parks.
Suffering A Concussion At An Amusement Park
Concussions are the most common type of head injury. When the brain experiences trauma, such as a blow to the head or an extreme kinetic force, a concussion may take place. The gravity forces in a motor vehicle accident or ride at a theme park could hurt the brain and result in a concussion. Concussions tend to be minor traumatic brain injuries (TBIs), though it can also be very traumatic.
A serious, or even minor, concussion can lead to a victim missing work or require major medical care.
The potential link between roller coasters and traumatic brain injuries has been researched by numerous medical professionals. Discussions about the potential connection have arisen as a result of complaints of headaches and vertigo after riding roller coasters. However, studies have indicated that although a roller coaster's gravitational forces can possibly result in a brain injury, the risk of TBI to passengers is incredibly minimal.
According to a study, the trauma to the brain from a low-speed car accident is around six times greater than that from riding a roller coaster. The study came to the conclusion that the risk factors for a TBI, including concussions, on a thrill ride are even milder than those present in many regular activities.
Brain injuries can and do occur on amusement park attractions, despite the low risk. The human brain can endure gravity pressures for a brief period of time, but longer rides may increase the risk of traumatic brain injury (TBI).
Amusement Park Negligence
Our team of lawyers are well versed in amusement park negligence. But, there are a few different ways we can prove this.
Every amusement park must guarantee the security of its attractions. How many of these attractions post dangers to theme park attendees, including:
- Water rides
- Ferris wheels
- Bumper cars
- Competitive games
Attractions that are harmful in any other way, have exposed electrical risks, or lack sufficient restraints are the responsibility of the amusement park.
A smaller amusement facility, such as a fair, must have its attractions inspected. The rides and attractions at bigger amusement parks with more than 1,000 personnel must be inspected, though.
Hiring Unqualified Staff
Employees at amusement parks have many responsibilities. Parks must, in good faith, hire people who are qualified to do their jobs. This may include:
- Passing certification requirements
- Passing alcohol or drug tests
- Follow safety procedures
Employees must be aware of potential risks to visitors' safety and be prepared to handle them. Technical expertise, constant alertness, and the ability to react to safety threats are requirements for attraction operators.
Employing people who are not qualified can have devastating effects on park attendees, and amusement park operators may be held accountable.
Warning Visitors of Attraction-Related Dangers
Visitors must be informed of any known risks at the park. This could include:
- Warning that people with heart conditions or other medical conditions shouldn't ride an attraction.
- They are not allowed to perform specific tasks with their hands or feet (such as keeping arms and limbs inside the car).
- A ride could result in sudden movements that could be harmful to your health.
Those having a duty of care are required to act properly, according to the American Bar Association (ABA). Visitors to theme parks are under a duty of care. Therefore, park management must foresee potential problems and advise staff and tourists in a timely manner.
Damages In An Amusement Park Accident
You may be able to file a claim to obtain compensation for damages following an amusement park injury, due to another party's negligence. In a personal injury suit, you can primarily seek two different kinds of damages. First, there are financial losses like medical costs and lost wages if the injury prevented you from working. A lawsuit may be filed in the event of a serious injury to seek compensation for intangible losses such as pain and suffering or diminished quality of life. These are more individualized and can be used to make up for suffering and diminished enjoyment of life.
Brandon J. Broderick Can Assist In Your Personal Injury Case
Liability following an accident at an amusement park can be difficult to prove. This is why a personal injury attorney is usually needed.
Our personal injury attorneys at Brandon J. Broderick, Attorney at Law are dedicated to client care and fight for the justice you are entitled to. One of our dependable team members will hear your story, investigate your case, and provide you with guidance on what to do next. Many of our clients get relief after making the initial call.
For a free consultation, get in touch with us today.