Children are at a higher risk of injury, especially at amusement parks. A 12-year-old boy was killed in a go-kart accident. The family filed a wrongful death lawsuit alleging that the track was negligently designed, operated, and maintained, which led to their child’s death. The accident happened when the go-kart slid off the track during a turn. Once it was off the track, it crossed a grassy slope and crashed through a wire fence. The boy sustained an injury to his neck vertebrae and jugular vein. The injuries were so severe that they led to his untimely death. The young boy was an avid go-kart driver and was on a competitive winning streak when the situation occurred.
The case shows how a poorly designed track or lack of maintenance can result in loss of life. Several parties can be liable for the accident, and they are all named in the lawsuit. It will take years to resolve the case, but justice is of the utmost importance. All negligent parties must be held responsible for their actions. If you are involved in a go-kart or amusement park accident, you must speak with a Philadelphia amusement park accident attorney to file a claim and get the justice you deserve.
Who is liable
Many factors go into a go-kart accident, and therefore many possible parties can hold responsibility during an accident. The amusement park will be responsible for maintaining the tracks and keeping customers safe. One key responsibility these businesses have is to ensure that all go-kart operators have adequate training. There must also be sufficient supervision for everyone on the track. Ride operators must instruct drivers on how to stay safe on the speedway and what they can and cannot do. Maintenance is another responsibility that amusement park owners have. In yet another instance, the go-kart manufacturer will be the liable party if there is a defective part on the kart. As you can tell, many parties can be held responsible for a go-kart accident. It will take a thorough investigation by a Philadelphia go-kart accident attorney to find the true liable party.
Go-kart accident injuries
Amusement park injuries can happen in several ways. While go-karts have safety features like restraints and helmets, they do not suffice to protect you from all harm. They can, however, make these injuries less severe. The injuries you will suffer after a go-kart, or amusement park accident are:
- Loss of limb
- Head trauma
- Damage to the spinal cord
- Eye injuries
- Wrist and elbow damage
- Fractured bones
- Head wounds
Injuries in children are much worse and lead to lifelong medical care. Parents or another responsible adult in the group will need to ride with the child for safety reasons. Children can still suffer an injury even with an adult in the vehicle.
Does a waiver mean I cannot sue?
When you enter an amusement park, you will likely need to sign a waiver, especially for certain activities. These waivers intend to protect the amusement park from specific legal action. It also warns guests of the possible dangers they can face when using any of the rides or other entertainment features. However, it does not remove all possibility of obtaining compensation for your injuries. When a tragedy like a death occurs, it is the worst possible scenario. While the waiver can release the amusement park from certain liabilities, it does not remove them from all. There are many legal complexities within these waivers, like a child having the ability to file a lawsuit while the parent cannot. You will need an experienced Philadelphia amusement park accident attorney to decipher the waivers’ rhetoric and protect your rights.
Do you need a lawyer?
After a go-kart incident, you must file a claim and protect your rights. Not every attorney in Philadelphia is equipped to handle these cases, but Kwartler Manus, LLC is. Contact our office today by calling (267) 457-5570 to schedule an initial consultation with our Philadelphia amusement park accident attorney.