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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?
You most likely can still institute a lawsuit for any injuries despite the disclaimer on the amusement park ticket. Most courts do not give much strength to these disclaimers for several reasons. First, very few patrons actually read the disclaimers and make decisions as to whether to enter the park or not based on the disclaimer. Second, disclaimers are written so that the park is, essentially, never liable for anything which simply is not acceptable particularly in a case where the park has been negligent or has not adequately trained its employees. Third, many releases are written somewhat generally. In many states, very specific language and, often, very specific notice requirements (such as type size or color) are required to adequately waive liability. Fourth, it is questionable whether minors, who are not able to form legitimate contracts due to their age, can actually waive their rights to sue – and minors are often the ones who are injured at parks. In other words, don’t let the fact that there was some type of printed waiver on the ticket or a sign or even if you signed some type of release stop you from seeking the advice of competent legal counsel if you or a family member has been seriously injured at an amusement park.
One legal theory that may affect your damage award, depending on the state you are located in, is called assumption of risk. This means that participating in the rides and attractions at an amusement park carry risks that patrons understand, and that when you choose to participate, you choose to assume those risks. This is not a universal concept – while some states will always hold you to an assumption of risk, other states have rejected it entirely and even other states will only let it partially affect any award of damages. Your attorney can explain how assumption of risk is applied in your particular jurisdiction and what it may mean to your case. |
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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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