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After I was injured at the amusement park, the staff had me sign “routine documents” before they took me to the hospital. Now I find out that I signed something saying that the park was not liable for my injuries. Is this valid?
Probably not. You want to have an attorney look at these documents as soon as possible, to make sure what exactly you waived.
But if there is some language indicating that the park and its equipment is not liable for the injuries received in the accident (as opposed to injuries received as a result of medical care), it is highly unlikely that a court would hold you to the waiver. The strong argument would be that the form was thrust on you quickly, you needed to go to the hospital, and were afraid that you would be refused care if you did not sign. Conversely, you would want to show that you were in so much pain from your injuries or that there were so many distractions that you were unaware of what you were signing. An example would be that your leg was badly broken and the bone had actually pushed through the skin, there was a lot of blood, your child was upset and crying and you weren’t sure who would care for him, and there was a great deal of commotion involved with getting the ambulance personnel to you. Under these conditions, it would be impossible to say that you made an informed decision to waive your right to later sue the park for your injuries.
These same arguments apply if the park later has employees who wrote down any statements that you made at the time that were against your interests. For instance, if you said, “I know I shouldn’t have stuck my leg out of the ride while it was spinning – how could I have been so stupid!” These outbursts tend to be said when you are in pain or under stress and may or may not be true, but you can be sure the park will use your explosive words against you if they can.
Another factor in your favor is that many states do not look favorably on liability waivers. At the time that you sign a waiver, you and the park are not in the same bargaining position – particularly if you signed it while you were waiting to be taken to the hospital or if it was presented to you as being something routine that you didn’t have cause to worry about.
Whether the release is found to be valid or not, you need to also explore whether there are other liable parties. For example, the manufacturer of the ride may be liable if the ride was not engineered or made properly, or another rider may be liable if he or she somehow caused your injury. Since these may not be obvious to you, it makes sense to contact an attorney to investigate other potential parties. |
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Amusement Park Accidents and Liability
How are amusement rides categorized?
Any data on amusement ride fatalities?
What are the latest statistics on amusement ride injuries?
What is the so-called “roller coaster loophole”?
If I am injured on a roller coaster ride at an amusement or theme park, is the park liable or is the ride’s manufacturer liable for the roller coaster accident?
The brain injuries suffered by my child at the local amusement park on one of those new coasters with breakneck speeds and high G turns will require significant treatment in the future that we don’t know the cost of right now. How will the court deal with this to make sure there is enough money?
My daughter was injured in an amusement park’s haunted house when one of the characters grabbed her. Can she be compensated for her injury?
The ticket we purchased from the amusement park had a disclaimer on it. Does this mean we can’t sue for any injuries suffered at the park?
After I was injured at the amusement park, the staff had me sign “routine documents” before they took me to the hospital. Now I find out that I signed something saying that the park was not liable for my injuries. Is this valid?
I scraped my arm on the slide at the water park. Now it is all red, painful and puffy, and my doctor says I have septicemia. Can I sue the water park for not sufficiently purifying the water?
My husband has a bad back. He has suffered significant, additional pain after going on the bumper cars. Is the amusement park liable for this?
My child became ill on the Scrambler when the ride broke and they couldn’t get it stopped for 10 minutes. Is the amusement park liable?
The Ferris wheel I was on with my child broke down, and we were stuck in the air at the top of an incline for everyone to see. The park had us climb down some scaffolding, and now my child is terrified of heights. Can we sue for emotional distress?
My son was a bystander and was injured by a set of keys that fell out of a man’s pocket while the man was on a ride at a theme park. Who is at fault?
My toddler was playing in the ball room at an amusement park and was buried under the balls for an unknown period of time, causing a brain injury. Who is liable?
My child drowned at the water park, even though there were lifeguards on duty. Can I hold the park or the individual lifeguards liable?
My family went to a paintball park. I was hit by a paintball in the face, and suffered a cracked cheekbone. Is the park liable?
The overhead seat belt that a theme park attendant strapped on for my Shockwave roller-coaster ride became unlatched midway through the ride. I have a history of high blood pressure and suffered a mild seizure because of the violent shaking, jolting and jouncing. Does the park have any liability?
My 10-year old ignored the warning signs at the coaster’s entrance that had age, height and weight criteria. He broke one arm and leg when he stuck out his arms and legs. Are we partially responsible? Will we recover any damages?
My 14-year old snuck into the theme park without paying the admission and, in going on a whirling ride with its twists and turns, suffered a whiplash. Does the fact that he did not pay for admission restrict his damage award?
How is a lawyer reimbursed in an amusement park accident?
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