Premises Liability: Amusement Park
Have you been injured in a ride at an amusement park? Was your injury suffered as the result of the staff's negligence? If this is the case, you may be entitled to compensation. This article will highlight the responsibilities of each party and help you figure out whether or not you have a viable personal injury case to pursue with your attorney, like one from Finz & Finz.
Responsibility Of The Amusement Park
When it comes to the law, the owner of the amusement park is responsible for taking reasonable measures to ensure the safety of the park's visitors, meaning they are supposed to make sure the environment is safe for anyone who comes to enjoy the park's attractions.
If the owners of the facility fail to take reasonable action to make sure that their customers are not exposed to injury, they could be held liable for injuries that are sustained as a result.
Here's an example. You take a ride on the merry-go-round, when the container you are riding in falls off because it was not fastened properly. The owners of the park could potentially be held liable since they did not make sure the components of the ride were secure.
Responsibility Of The Injured Party
While the owner of the amusement park has a definite responsibility to keep their customers safe, the visitors also need to make sure they are behaving in a way that promotes safety. If the visitor acts in a way that is dangerous, they may not have a successful claim if they are injured.
Here's an example. A visitor decides to run into the bumper car area and gets hit by one of the drivers. In this case, the amusement park is not at fault for the visitor's accident. The visitor clearly engaged in behavior that would cause injury.
One of the factors that is taken into consideration when evaluating a personal injury claim is the status of the visitor. Visitors are typically grouped into three different categories. For two of these categories, the park is responsible for taking reasonable care to ensure safety. For one of them, they park is not held responsible.
Here are the three categories:
- Invitee – This type of visitor is someone who is invited onto the premises. They include customers, repairmen, etc.
- Licensee – These are people who have not been invited onto the property, but are given permission to be there. This could include salespeople and other types of solicitors.
- Trespassers – These are people who are not invited or allowed to be on the property. This means they are there illegally.
In the case of the trespasser, the amusement park is not obligated to ensure their safety. If a thief sneaks into the park at night to steal money, and is injured, it is not very likely that he will have a valid claim against the theme park.
If you have been injured in an accident at an amusement park due to the negligence of the staff or owners, you may be entitled to receive compensation. Consult with a personal injury attorney who can help you with your case.