ferris wheel and carousel at night

Can I Recover Damages From an Amusement Park Accident?

Amusement parks have a range of rides for the whole family, whether you are looking for high thrills or a relaxing stroll on the Ferris wheel. Park guests have the assumption that these rides are safe and well maintained. For the most part, you would be correct, but there are many times that you can suffer an injury from an amusement park ride. Minor amusement park injuries are common but serious ones are not. After receiving medical treatment, you need to contact a Philadelphia amusement park accident attorney. Amusement park management should ignore no injury.

Types of injuries

There are many ways rides and other attractions can harm you at an amusement park. Some injuries will heal in a few weeks, while others will last a lifetime. Since amusement parks have large rides, injuries are severe and lead to permanent paralysis. Some injuries you can sustain at an amusement park are:

  • Lacerations
  • Broken bones
  • Torn ligaments
  • Knee injuries
  • Back injuries
  • Neck injuries
  • Traumatic brain injuries
  • Stroke
  • Heart attack
  • Brain aneurysms

Causes of amusement park accidents

Each ride at an amusement park will have rules you must adhere to and restrictions on height and weight. Park staff and guests must follow these rules and regulations to avoid injury. All rides will have safety restraints, and if one of these malfunctions, you will sustain an injury. The worst thing a rider can do on a roller coaster or any ride is stand up, unbuckle the seatbelt or sit improperly. A theme park can be held liable when they act in a negligent manner, such as:

  • Ride malfunction
  • Mechanical failure
  • Design defect
  • Ride operator
  • Failure to warn
  • Maintenance concerns
  • Other hazardous conditions

The amusement park's responsibility is to ensure that all riders and guests are safe on the premises.

Economic damages

Economic damages are the first kind of compensation you can obtain for your injuries. These damages are for any tangible losses you incur from the accident. Examples include:

  • Reduction in your earning capacity
  • Estimated future losses
  • Medical bills
  • Funeral or burial expenses
  • Ongoing or lifelong care
  • Lost wages
  • Emergency medical care

Non-economic damages

There are also non-economic damages you can request through a personal injury lawsuit. These losses are not tangible and can be harder to calculate. Examples of non-economic damages are:

  • Loss of enjoyment of life
  • Physical and emotional trauma
  • Pain and suffering
  • Disfigurement and scarring
  • Mental anguish

One final kind of compensation you can file for is punitive damages. These are awarded when there is evidence of gross negligence. Wrongful death claims will also have different compensatory damages you can obtain.

Roller coaster loophole

State regulations require mobile amusement parks to undergo safety inspections and file reports. When a roller coaster is permanent, it does not have to follow the same rules. Pennsylvania has taken things a step farther by requiring amusement parks to turn in safety inspections every month. Sadly, most parks do not turn in documentation when needed, which leads to hazards and other dangers.

Who is responsible?

The amusement park owed you a duty to keep you safe, and they failed to meet that duty. Their failure resulted in an injury or death. Many different parties can act negligently and lead to an accident. They must be held responsible for their actions and your losses. The owner, ride operator, or maintenance company can be some of the negligent parties for your injuries and losses.

Call a Philadelphia roller coaster accident attorney.

You will need a Philadelphia amusement park accident attorney. Amusement park accidents are some of the most complex. There are different areas your case can fall under, like tort law, premises liability, or product liability. Determining which law your case falls under will be the first hurdle. Amusement parks have major insurance companies, which will work to deny claims and more. They will be armed with an attorney ready to find any way not to pay. You need to have Kwartler Manus, LLC on your side to fight back. Call our office at (267) 214-8608 today.

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