Typically, when you go to the amusement park, you go there to have fun. You visit such places with your family and friends for fun-filled activities. In this context, you do not think about injuring yourself.
However, you must note that you can get injured anywhere. The problem is that people do not expect to get injured in amusement parks, as these places are generally considered safe.
“You should know that when you sustain injuries at an amusement park, these parks already have measures in place to handle such cases. They usually try to avoid bearing the damages for the injuries. Moreover, the settlements they offer usually do not cover the medical bills, let alone your income loss,” says Personal Injury attorney Michael McCready of McCready Law Injury Attorneys.
You must understand your legal rights in Illinois before accepting any settlement from the amusement companies.
This article discusses your legal rights for personal injuries sustained at an amusement park.
Types of Accidents That Can Happen at an Amusement Park
A typical amusement park has many places where you might injure yourself. People suffer from personal injuries on roller coasters and in concession areas.
Types of personal injuries you may sustain at an amusement park include broken bones, slip and fall accidents, and burn injuries. Some people get food poisoning or become victims of assault from other customers.
Other times, you may suffer spinal cord injuries from water slides. You may also suffer traumatic brain injuries because of technical faults in any of the rides.
Highlighting Your Legal Rights After Suffering a Personal Injury at an Amusement Park
The law provides a right to safety at amusement parks, ensuring protection from danger.
Premise liability laws state that property owners owe a duty of care to people on their property. Your status determines the duty of care in Illinois.
Every visitor at an amusement park is an invitee under the law. The law defines an invitee as an individual whose presence on premises benefits the property owner and their venture. Thus, the amusement park owner owes you a duty of care as an invitee.
Under the law, this duty of care includes warning you of imminent dangers in the park. The law requires that all invitees be aware of any imminent danger, as the park must ensure a safe environment for them.
Parks are also responsible for ensuring that all rides are safe and providing proper security and lighting.
Understanding the Liable Party When an Employee Causes Personal Injury
The vicarious liability law has a provision that addresses this issue. The law states that the park is liable for personal injuries caused by an employee’s negligence.
Employees of the park include ride operators. The amusement park is liable when a ride operator is at fault for your accident.
Thus, when you suffer a personal injury at an amusement park, you should not file a lawsuit against the employee. The employee is likely not paid enough to cover your medical bills and other damages. Instead, you should file your lawsuit against the park.
Steps You Should Take After a Roller-Coaster Accident
Note that it is the park’s responsibility to ensure everyone’s safety. Some rides in amusement parks must always be in optimal condition because they spin riders, turn them upside down, or run at breakneck speed.
That is why the park must conduct regular inspections and maintenance to ensure the rides are in optimal condition.
Failure to do so might result in mechanical failure. When you sustain personal injury due to a mechanical failure with the ride, the park may become liable to pay for damages.
You should note that liability depends on how you sustain your injuries, as there is more than one way to get injured on a roller coaster.
For instance, if a ride defect causes injuries, you can institute a case against the ride manufacturer for producing a defective product. Manufacturers may also be liable if the ride lacks proper warning signs or its design is defective.
However, injuries caused by fellow passengers are different. In such cases, a jury decides who is liable.
Damages You May Recover
In a case where you lose a loved one or a family member to an accident at an amusement park, you may file a wrongful death lawsuit. You may seek compensation for damages, covering burial costs and loss of support.
When an individual files a personal injury claim, they usually demand financial compensation for their injuries and damages. These damages have three categories: economic, non-economic, and punitive. While the first two are common, the latter is rare because judges or juries only award it against a grossly negligent defendant.
Economic damages are the most common type of compensation. They typically revolve around tangible losses or financially quantifiable items. Economic damages include medical bills, ongoing or long-term medical care, out-of-pocket expenses, and lost wages.
Conversely, non-economic damages are mainly psychological, covering compensation for emotional trauma, pain and suffering, and depreciation of quality of life.
From the examples, you can see that you cannot easily quantify non-economic damages. That is why you need the guidance of a personal injury attorney familiar with similar cases.
Parting Words
Amusement park authorities understand how personal injury cases play out because they handle many similar cases. They usually want to prey on the legal ignorance of your rights. It is crucial that you first engage a personal injury attorney in your area.
You can discuss your case with the attorney. They will explain the peculiarities of your case and advise on legal steps. Also, they will help determine the kind of claim you should file against the at-fault party.
