Amusement Park Injuries
According to the International Association of Amusement Parks and Attractions , there were 386 amusement park fatalities and 1,299 ride-related injuries at amusement parks across the United States in 2010. More than half of these injuries occurred on family and adult rides, and an estimated five percent of the injuries were reported to be serious enough to require hospitalization in excess of 24 hours.
When amusement park injuries occur, it may be possible to hold the amusement park responsible for the resulting damage. It may also be possible to hold the manufacturer of the ride responsible for the harm that occurred. Amusement park injuries can be complex because there are different possible defendants and different legal theories that can be used to prove liability, so it is very important for any victims of amusement park injuries to seek legal assistance from an experienced Massachusetts personal injury lawyer. The Boston premises liability lawyers at Jeffrey Glassman Injury Lawyers have represented many clients in amusement park injury cases and we can put our legal experience to work for you. Contact us today at (617) 777-7777 or using our online form to learn how we can help.Massachusetts Laws on Amusement Park Injuries
Amusement park owners or operators have a legal duty to make sure that the amusement park is safe for visitors. Because amusement parks open their doors to guests for commercial purposes, guests are classified as invitees under Massachusetts premises liability law. Invitees are owed the highest duty of care and amusement park owners are thus obligated to inspect the park regularly to identify any potential dangers or premises hazards. When dangers are identified, amusement park owners are expected to correct them or to warn customers and visitors of the danger.
When an amusement park owner or operator fails to maintain the park or its rides in a safe way, it can thus be considered in breach of a legal duty owed to patrons under premises liability law. This negligence can make the amusement park owner responsible for any injuries that result, and the owner may be liable for medical costs, lost wages, damages for pain and suffering and emotional distress, and wrongful death damages.
Amusement park owners are also obligated to operate rides in a safe manner and to have policies and practices in place that a reasonable amusement park would have in order to ensure the safety of guests. Failure to have these policies in place or to take care in hiring amusement park employees can result in a general negligence lawsuit against the amusement park. In addition, when amusement park employees are negligent in operating the rides or ensuring guest safety, their negligence is considered to be the negligence of the amusement park itself because of legal rules referred to as vicarious liability or agency laws. Since the park becomes responsible for the negligence of its employees, people who are injured as a result of improper ride operation or other related causes may also file a personal injury lawsuit against the amusement park based on general negligence theories.
Finally, if there is a defect in a ride that causes injury, the manufacturer or seller of the ride may be liable under product liability laws. These are strict liability laws that impose responsibility whenever the ride causes harm when used as intended. A plaintiff in a product liability case would not have to prove the ride manufacturer was negligent to recover compensation.
An experienced personal injury attorney can help you to understand the different legal theories that may apply to your amusement park injury case and can help you to take action against the appropriate defendants to recover compensation for losses related to your injuries.