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01/14/2022

Amusement parks are joy-filled paradises for people. We have some of the most iconic and memorable places in the state of Texas. Splash Factory and Zero Gravity Amusement Park are just two names that come from the top of the mind.

These places are perfect for cooing off after a busy week and losing yourself to fun, excitement, and thrill. However, amusement park accidents are a threat that no one can ignore – we don’t like to think of such things because they ruin the fun-filled mood but they are real.

Suffering from amusement park injuries is sure to ruin your experience and send you deep into an emotional wreck, after all, aren’t amusement parks supposed to make you forget the worries of the world? But when you face such a trauma at a place that’s supposed to bring you amusement, then that’s a hard pill to swallow.

In this article, we’ll see who is liable for your sufferings in such a scenario and how an experienced lawyer from Calhoun Meredith can help you bring them to justice, and win a fair financial settlement for you.

who is liable for amusement park injuries

Type Of Damages Sustained By Amusement Park Accident Injury Victims

The adventure and thrill can sometimes be ruined by negligence on part of the park management when a ride faces a serious accident. Anyone on board can be at risk of fatal injuries in some cases, but even in the very least, you can expect serious physical harm.

Some of the most common injuries from amusement park rides include:

  • Cuts, bruises, and lacerations
  • Neck injury/whiplash
  • Fractures and broken bones
  • Head injury worsening into a traumatic brain injury
  • Back injury resulting in spinal cord injury
  • Amputation
  • Electrocution
  • Internal organ damage
  • Soft tissue injury
  • Muscle injury
  • Paralysis (complete or partial)
  • Permanent injuries such as disfigurations, scarring, etc.
  • Wrongful death from fatal injuries

The list of amusement park injury possibilities goes on…

This horrifying list of injuries is merely the tip of the iceberg; any person who gets caught up in such a mess is in for some pretty hard times. The economic pressures associated with such injuries are the primary concern for most people.

Medical expenses, lost wages, and extra expenses can cost people thousands of dollars in severe cases. If constant medical care is needed, i.e. long-term physical therapy, then the victim will also have to contend with a never ending stream of medical bills.

All in all, economically, it will be a disaster.

However, non-economic damages are nothing to be taken lightly either. These losses, though not reflected in bills and costs, are still substantial and can have lasting effects on the lives of the sufferers. The physical pain and emotional distress of such events fall under this canopy.

Such losses also cover loss of joy in life and compromised quality of life due to such events.

Be sure to consult a personal injury lawyer about your case and your losses to get a fair estimate on your settlement sum before you engage with the liability insurance company. And don’t go ahead with the settlement negotiations on your own because the insurance company will try to downplay your sufferings to minimize the payout.

If your lawyer handles the situation, they’ll be sure to get you compensated at maximum.

Common Causes Of Amusement Park Injuries

As with other personal injury cases, amusement park accidents also involve negligence on part of the management. You’ll have to go through the possible reasons of such incidents to better understand where the problem lies and how a more responsible attitude would’ve made a difference, i.e. if they had fulfilled their duty of care.

Here are some of the most common reasons:

roller coaster ride at a texas amusement park
  • Flaws in the structure of ride
  • Exposed wires
  • Unfastened or unsecured pieces of equipment
  • Fault with the safety harness
  • Failure of emergency brakes
  • Negligence on part of the ride operator

And so on…

This list probably cleared up one thing in your mind: all of these problems resulted due to negligence on part of the management staff or the ride manufacturer. A little care can prevent all such issues with rides, but you’ll have to deal with the burden of proof to show that the accident happened because of negligence.

We’ll discuss that under the following header.

Who Is Liable For Amusement Park Injuries?

Liability is a tricky business in personal injury law because you can’t just point fingers at someone willy nilly, instead, you’ll have to prove that they acted neglectfully and that this negligence caused the accident. Since ride accidents are a form of both product liability and premises liability.

You should start with examining the role of the manufacturers.

Was the ride safe for people, was it tested enough, were there adequate safety features, was there any design flaw, and so on? These are the questions you need to seek answers for. If at any stage, it turns out that a manufacturing defect caused the accident then the manufacturer will take the heat for your damages and you can sue them for damages.

However, to do that, you’ll need to prove three things:

  • Your damages were a result of the said accident, nothing else.
  • The ride had a defect in it that made it unsafe, making an accident inevitable.
  • The ride was operated exactly as it was supposed to be, i.e. all the safety precautions were followed and there was no fault on part of the passengers.

If you can prove these, the manufacturing party will have to fold...

However, in other cases, it may not be the manufacturers but poor management/maintenance of the rides that caused the issue.

If that was indeed the case with your accident, you’ll have to prove liability just as described above, only this time, against the park management/property owners for failing to do something about the common types of dangerous conditions such as those described above.

Call Us Today For Handing Your Case

Amusement park injuries, as mentioned earlier on, can cause serious physical, emotional, and financial distress to the sufferer. These drains are enough to put even the toughest people through some of the worst times in their lives.

However, there is justice in this world, if you just look for it and show patience.

To get there, you’ll need legal representation at all levels of the legal process. Feel free to contact us and don’t let your financial worries keep you from reaching out for help. At Calhoun Meredith, our lawyers work on a contingency fee basis which means that we won’t ask for any payment until we’ve won your settlement for you.

No win, no pay – this is our rule.

When you come over for initial consultation (which is totally free), we’ll examine all angles of your case and show you who is liable for your losses, how can you sue them, and how much you should expect from your case (a fair estimate).

an amusement park rides in texas

We deal with every case professionally and with much-needed compassion.

Just a PS, the initial consultation won’t oblige you for anything, so, don’t hold back, discuss your case with one of our experienced personal injury attorneys at Calhoun Meredith today, call us now!

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