Recent reporting suggests that amusement park rides are very safe, but the reality is that their level of safety depends entirely on how well-run the amusement park is. Rides require an incredibly high level of care to maintain these standards of safety, and unfortunately our consumer safety attorneys in Northern New Jersey know that safety is not always a given.
The Consumer Product Safety Commission reports thousands of emergency room admissions each year for injuries related to amusement attractions. Many of these cases involve serious trauma and wrongful death, and others involve lacerations, broken bones, or fractures caused by slip-and-fall accidents.
In this article, we’ll cover the three legal categories that are most relevant to theme park accidents, as well as how Buttafuoco & Associates can help if you or a loved one has been injured in an amusement park accident.
Negligence
Negligence is the failure, in this case of the amusement park staff, to exercise reasonable care, resulting in harm. Our Northern New Jersey consumer safety attorneys break negligence into the following components:
- Breach of Duty: This occurs when an individual or entity fails to fulfill the legal obligation to act reasonably or according to a standard of care.
- Causation: This breach of duty caused an injury.
- Damages: There were specific, recoverable damages, such as medical bills or lost wages.
In other words, did the park’s staff display a lack of reasonable care that contributed to or caused an injury? Did that lack of care directly contribute to or cause an injury? There are extensive safety guidelines and standards for amusement parks and similar attractions, and failure to live up to those may be considered negligence.
If you can prove that the park staff was negligent, then you may very well have a case against them.
Product Liability
Amusement park accidents can be complicated: while the staff is responsible for safely maintaining and running the rides, there are additional parties that may be responsible, including the ride’s manufacturer. What further complicates these cases is that a variety of parties could be responsible to different degrees.
Product liability law holds manufacturers or sellers responsible for defective products that cause harm. Product liability encompasses design defects, manufacturing defects, and inadequate warnings to consumers.
In the context of an amusement park injury, this would mean that an attraction is inherently dangerous, meaning that maintenance and inspection would not ensure safety. For a successful product liability case, a Northern New Jersey consumer safety lawyer would need to prove three things:
- The product was defective.
- The defect caused the injury.
- The product was being used as intended.
Again, these cases can be incredibly complicated, so working with a Northern New Jersey product liability attorney is typically in your best interest. A good attorney will be able to correctly identify what type of case you have and who is responsible for your injuries.
Premises Liability
Premises liability refers to a property owner’s responsibility to maintain safety for customers and visitors. This means that property owners are accountable for maintaining a safe environment and addressing hazards that could cause harm.
In other words, the owners of an amusement park must take reasonable care of the construction, management, and maintenance of the facility and grounds. This is often the legal category for slip and fall cases, and requires the following elements to build a case:
- Proof of hazardous conditions.
- Proof of negligence regarding the hazardous conditions
- Proof that the hazardous conditions led to specific injuries.
- Proof that you were not negligent.
Even if you were negligent, you may still be eligible to recover damages–under New Jersey law, the court will consider the degree to which you were responsible for your own injuries. If you were less than 50 percent responsible, you can still recover some compensation.
How an Attorney Can Help
If you or a family member suffered an injury at an amusement park, water park, or on a carnival ride, you may be able to collect compensation for related expenses and punitive damages. Consult with a consumer safety lawyer serving Northern New Jersey. At Buttafuoco & Associates: our team has the experience to build a successful case and get you the compensation you deserve.
Call 1-800-NOW-HURT to start the process with a free consultation.
