A fire that broke out at the Seven Dwarfs Mine Train ride at Walt Disney World Florida fortunately caused no injuries, but highlights how an amusement park may not always be the happiest place on earth. Instead, your visit could end with a potential personal injury claim against the park, its operators or mechanics.
Of course, most amusement park rides are safe, and the only real injury most people leave with is a case of upset stomach from too many loop-de-loops on the roller coaster (or too much cotton candy). But because amusement park rides are mechanical, there is always a risk that the ride can malfunction, either causing a car to derail, riders to be suspended in mid-air or, in the sad case of a woman at a Texas amusement park earlier this year, to fly out of the car of a roller coaster.
Personal Injury Claim for Amusement Park Injuries
A personal injury claim against an amusement park is not much different than a personal injury claim against the manufacturer of any other product. In order to be successful in your claim, you must be able to prove that you were injured by a product that did not operate as safely as expected, and that the defect was the cause of your injury. The personal injury claim in these cases would be brought against the manufacturer or the amusement park ride on the basis that the ride was not made in a safe manner.
In case of injury at the amusement park, the personal injury claim could also be brought against the ride operator, the mechanic, and the park owner. The ride operator is responsible for ensuring the safety of all riders and operating the ride in a safe manner. In the case of the Texas woman, for example, witnesses reported that before the ride began, the woman asked the attendant whether she was in safely, to which he allegedly responded, “If it clicked, you’re fine.” If it can be proven that the attendant did not manually check the woman’s seat belt, despite her concern that it was not correctly fastened, he could be liable for her death.
A personal injury claim may also be brought against the park’s mechanic, whose job it is to maintain each ride in safe working condition. If it can be proven that the mechanic was negligent in the performance of his duties, he may be liable for any injuries.
The park owner may also be responsible for any injuries sustained on the ride, whether the result of products liability, mechanic negligence or the negligence of the ride attendant, under the theory of vicarious liability, which holds that an employer may be liable for any injuries caused by his employee’s actions or failure to act.
Walnut Creek Amusement Park Injury Attorneys
If you or your loved one has been injured on an amusement park ride, the personal injury attorneys at Appel Law Firm LLP can help. Our attorneys have more than 60+ years of combined experience handling all types of personal injury and wrongful death claims. Each personal injury case is unique, and the attorneys at our Walnut Creek office take the time to work with each client individually, and to review the facts of each case to help you determine whether you have a personal injury claim and to get you the best result possible. Serving clients in Walnut Creek and the Bay Area, call the Walnut Creek personal injury attorneys at Appel Law Firm LLP today at 888-527-0674 to schedule your consultation.
Photo Credit: MattStemerman via Compfight cc
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