Have You Suffered an Amusement Park Injury? Let Our Lawyers Help 

Thrill rides and carnival games are fun, but when an accident happens, those harmed can face lasting repercussions and long roads to recovery. A theme park injury can stem from many causes, including an operator’s negligence, defective equipment, or poor upkeep. Thorough investigation is required to discover the source of the accident, and proving the business is responsible will likely require professional assistance. If you’ve suffered an amusement park injury, contact a lawyer to initiate legal action, protect your rights, and investigate the incident’s cause and liability.

Nearly all personal injury claims have time limits, so it’s essential that you take action soon after a theme park injury. If you’re able, begin safeguarding your claim immediately by following these steps:

• Seek medical attention to document the injury.
• Report the injury to park staff to prevent others’ harm.
• Take photos or videos of the scene.
• Collect contact information from witnesses.
• Keep records of medical treatment and expenses.
• Seek legal advice from an attorney.

Suing a theme park requires establishing legal grounds by proving the establishment owed you a duty of care, that they failed in their responsibilities, and that the breach led to your harm. The information needed to file a claim for an amusement park injury depends on the circumstances of the accident, but in most cases, you or an attorney will need to gather some or all of this evidence:

• Ride and grounds maintenance logs
• Independent inspections of the hazard
• Employee training policies and records
• Safety records and past incidents
• Witness statements

The amusement park is likely the sole liable party when an injury happens due to negligence, but the investigation might reveal other contributors, such as a ride manufacturer or safety agency. Your attorney may contract with engineers, medical professionals, and regulatory officials to pinpoint all contributors that should be held accountable.

When pursuing a lawsuit, it’s imperative to establish that you abided by posted safety rules and ride guidelines prior to the accident. Because of North Carolina’s strict contributory negligence laws, even a small misstep—such as not following ride instructions—could limit your ability to recover damages.

While a superficial scrape or bruise may not warrant legal action, many other injuries, including head trauma, spinal injuries, and wrongful deaths, often qualify for lawsuits. The cause of your injuries will determine which course of action is best.

Premises liability refers to a business owner’s responsibility to maintain safe conditions to protect visitors from foreseeable harm. The key to pursuing a theme park lawsuit against a negligent owner is to prove that they knew or should have known about the facility danger and failed to take reasonable steps to mitigate it.

An amusement park’s property, rides, and environment present many inherent dangers, but that doesn’t mean visitors expect to be injured. The business owner must take reasonable steps to keep the public safe—training employees, correcting dangerous conditions, and maintaining equipment—or risk facing a premises liability claim.

Some sources of amusement park injuries include:

• Slippery, uneven, or cracked surfaces
• Unmarked hazards or unclear safety signs
• Poor lighting
• Inadequate security
• Ride malfunctions

If you’ve been harmed by hazardous theme park conditions, contact an attorney who can evaluate your experience and jump-start your potential claim.

If a rollercoaster, Ferris wheel, or other ride malfunctions and you’re injured as a result, you may have legal grounds to file a product liability claim. When the defect, and not the park’s negligence, caused the injury, the ride or part manufacturer can face legal action for the faulty design or component.

When a ride malfunctions, it can cause serious physical harm, from broken bones to spinal cord injuries and blunt force trauma. Some examples of equipment defects that can hurt riders include:

• Faulty restraints or headrests
• Brake malfunctions causing abrupt stops or collisions
• Uncontrolled acceleration
• Detached or broken components
• Structural defects or design flaws

Proving these cases requires an experienced catastrophic injury lawyer who understands the complexities of linking physical or mental trauma to faulty equipment.

Ride operators and park employees may be responsible for your injury if it was caused by their negligence. A lawsuit requires proving a direct correlation between the person’s action (or inaction) and your injury. If these workers are employed by the amusement park, the business may share liability or be solely responsible, depending on the situation.

Some scenarios that may qualify as negligent operation include:

• Undertrained or distracted ride operators
• Failing to secure riders
• Ignored safety protocols
• Errors loading and unloading riders
• Ignoring ride restrictions for health conditions, height, or weight

Some theme parks ask riders to sign waivers to attempt to limit liability for injuries, but gross negligence often negates these protections. Speak to an attorney about any waiver you’ve signed and how that might impact a potential personal injury claim.

If your day at a North Carolina amusement park ended with an injury, don’t hesitate to contact Miller Law Group to evaluate your legal options. Our attorneys have the experience to help you pursue the compensation you deserve. We handle cases in practice areas including premises liability, defective products, and personal injury, and we’ll apply the right legal strategy to your unique situation. Contact us for a free consultation today.