Establishing Liability In Carnival Ride Accidents
Brian O Sutter
Personal Injury
One of our favorite summer activities in Florida is to go to the local carnivals. The rides, games, and food can provide a great, family-friendly time for you and your children. Unfortunately, as we’ve learned with the two serious injuries so far this year, carnival rides are not always safe. With the assumption of risk and ride disclaimers, it can be difficult to establish liability in a carnival ride accident. So you may be left wondering if you or your loved one has been injured on a carnival ride, do you have a claim? Assumption Of Risk On Carnival Rides
Assumption of risk is when someone knowingly or willingly participates in an activity known to be dangerous. We all know carnival rides come with an array of dangers, so riding one assumes you understand the risks. So for example, if a carnival ride results in an expected injury like the carnival ride exacerbate a heart condition or another pre-existing condition, the rider bears the assumption of risk. Assumption of risk also includes when riders do not follow the safety rules required for riding.
Ride Disclaimers
Ride disclaimers warn you of your assumption of risk. Ride disclaimers are basically a contract between the rider and the carnival, stating that the rider releases the carnival of any liability if the rider is injured. Ride disclaimers can appear on tickets or on posted signs. However, ride disclaimers are rarely legally binding, especially if the injured party is a child or teenager. So depending on the language or whether or not you have to sign a legally binding waiver to get on a ride, ride disclaimers do not always free carnivals of liability.
Liability And Negligence
However, most carnival ride accidents are the result of the fault of the carnival. If a ride operator is not following proper protocol or has been negligent in their duties, the park is liable for any resulting injury. Negligence includes failing to properly train operators, improper operation of the ride, and failing to provide correct safe instructions. It can also include failure to maintain and inspect the rides and post adequate disclaimers about the risks and dangers of the ride. In these cases the carnival is liable for any injury.
Product Liability
Carnival rides are regulated federally by the U.S. Federal and State Amusement Ride Regulation Agency and on the state level by the Department of Agriculture in Florida. So before any rides hit the market, they are thoroughly tested by manufacturers and government agencies for safety. However, sometimes a ride may pass safety inspections and still cause unpredicted injuries. In those cases, the manufacturer of the ride is liable for any injuries. On the other hand if the carnival owners and ride operators are not properly maintaining or assembling their rides, they will bear liability. By law, carnival operators are required to maintain, inspection, and repair any carnival rides or defective components. So if you or a loved one is injured on a ride, you may have a case for product liability with either the manufacturer of the ride or the carnival or even both.
With the assumption of risk and ride disclaimers, it can seem like it would be difficult to prove liability in the case of a carnival ride accident. However, in most cases accidents the carnival does assume liability. A good attorney can prove negligence or product liability, so if you’ve been injured on a carnival ride, contact the lawyers at All Injuries Law Firm. We have years of experience establishing negligence and product liability in injury cases, so we know how to investigate the circumstances of the injury and prove fault. So if you’ve been injured in a carnival ride accident, contact us today for a free consultation to see how we can help you.