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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 carries 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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