When visiting an amusement park the excitement is palpable, the rides, cotton candy, carnival games and most of all-fun for the whole family. You have been looking forward to this day for awhile and can hardly wait to get the day started. The last thing you think of is an accident, but they can and do happen, unfortunately. When this happens to you, the first thing to do is locate an attorney who has dealt with these claims in the past and been able to get just compensation for his victims. There are many factors involved that they will be aware of to overcome the obstacles ahead.
The first thing they will look into is Negligence-was the accident caused by carelessness or inattention by the park or its employee? Did they take reasonable care to provide a safe environment for the public? Negligence can be lack of proper warning signs pertaining to medical conditions that may adversely affect your ride, and the risks involved, improperly trained ride operators, not maintaining the rides as required for safety, not conducting regular inspections or inadequate instructions to patrons upon entering the ride. If the amusement park fails to take certain safety precautions that are required, you may have a case for negligence.
Another aspect of the case may include a product liability claim. If the ride was defective in some way, or the components involved in the manufacture of it, the maker of the ride or the defective part may be held liable. There is also premises liability in which the owner of the property can be held liable if they have not maintained the grounds and facilities in a reasonable manner.
These are a few of the avenues open to your attorney to win your case. They will have to address issues on your behalf, such as, assumption of the risk that the amusement park will bring up against you if you had fair warning and still went ahead with a ride, or you knew of the inherent risk and still participated. These are defenses he will be familiar with and able to address on your behalf.