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Are laws different if you're injured at an amusement park?

It can be a wonderful feeling to spend the day out with friends or family at an amusement park. Loads of food, sideshows, unique things to buy, and, of course, a multitude of exciting rides and attractions to experience. People don't often think of the dangers at a park, though. It raises the question: What happens when you or a loved one are injured at an amusement park?

It is a frightening event, but one that does happen. Several parks around the country, including one in California, began retiring certain thrill rides in the wake of a tragedy that struck Ohio in 2017. A popular ride called Fireball suffered a catastrophic failure on the Ohio State Fair's opening day. The accident was responsible for seven injuries and one fatality. 

If you or a family member has been injured at an amusement park, don't hesitate to seek out an experienced personal injury attorney. Amusement parks and ride makers have responsibilities regarding the safety of passengers, and legal claims can be a possibility when they fall short in this regard.

When there is an accident

There are several claims that might be able to be made if you are injured at an amusement park. Two of the most common cases after an injury, though, are product liability and negligence.

Product liability

If you were injured by a ride or attraction in an amusement park, a product liability suit may be an option if your injury is a result of things like:

  • A defective design.
  • A manufacturing defect.

Each situation is different, and an attorney specializing in personal injury could help you determine the what best course of action for your injury would be.

Negligence

If you were injured in an amusement park because the park or its staff failed to act properly, you may have grounds for a negligence case. There are general five elements that must be present to prove negligence in California:

  1. The defendant had a duty they were expected to carry out.
  2. The defendant did not carry out that duty.
  3. You were injured as a result.
  4. The defendant would have seen the danger had they been paying attention.
  5. You suffered actual damages (medical bills, rehab, lost wages, etc.)

Amusement parks van be wonderful places to visit, whether it be with your family, friends, or just for a day of exciting rides by yourself. Accidents do happen though, and should you suffer an injury, remember that there may be tools at your disposal to help you cover things like medical bills, lost wages and emotional suffering.

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San Mateo, CA 94402

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