Amusement Park Injuries: Who Is Liable?
Brian O Sutter
Premises Liability
After we have moved beyond COVID, Florida will return to being a tourist area with it's has many hot spots that attract people from all over the world. Amusement parks are just one such attraction people flock to the state to visit. When it comes to amusement parks, product liability cases are often the result of faulty ride equipment or machinery that subsequently led to a visitor or employee's injury. In cases like these, then the ride or the part manufacturer may be found liable for the defective product or equipment that has been proven to have caused the injury.
Let's take a closer look now at amusement park injuries and who may be liable for them, so we have a better idea when filing our own personal injury claim following an accident in the parks.
Premises Liability
When discussing premises liability, we are referring to the set of laws that are used to determine who may be liable when a condition or use of a building or area causes an injury. Premises liability can be discussed in relation to rides in an amusement park, activities, and the general conditions in the park.
Guidelines, laws, and rules do vary from state to state. However, three different entrant types are still typically recognized everywhere, including trespassers, licensees, and invitees. When you are a person inside of an amusement park, you can be deemed an invitee or trespasser.
You may have been given entrance to the amusement park and were in an area you were allowed to be in when the accident happened. Or you were trespassing, and the accident occurred in an area that you should have refrained from visiting.
Duty of Care
The duty of care is when the defendant was responsible for making sure the rides were safe. This includes ensuring that the restraints were working, maintenance and inspections were being completed, and safety instructions were followed.
However, if someone is injured on a ride, the duty of care doesn’t necessarily mean that the injury automatically falls onto the defendant. There has to be a clear breach of their duty of care and evidence to back up the claim to make the defendant liable.
In addition to the rides, the duty of care also extends to other aspects of the park. The grounds must be well taken care of, and all dangers eradicated to avoid injury as much as possible. If there is a slippery surface, for example, there needs to be a warning. Railings should be available for all stairs, and messes and spills should be cleaned up immediately to avoid any slip and fall accidents from happening in the park.
Negligence
And now we get to negligence. The amusement parks in Florida are tasked with providing a safe environment for all their guests as well as employees. If reasonable care is not shown, then the amusement park can, in fact, be held liable for injuries that result from that negligence. Employers are also responsible for the action of their employees. If proper instructions were not given and a ride or equipment was improperly used, then the amusement park may be found liable in these cases of negligence as well.
Have you recently visited an amusement park in Florida and sustained any injuries? You may be eligible for compensation for your injuries, whether it was a slip and fall or other accident that occurred due to the negligence of the park and its employees. For more information on how to file your personal injury case, don't hesitate to contact an experienced attorney today to help you navigate the process.