Visiting an amusement park is one of the most fun activities a family can do together. In fact, it is estimated that over 500 million people visit amusement parks each year across the U.S. for the rides, games, food, and shows. While these visits can be both enjoyable and exciting, visiting an amusement park is not without serious risk.
Equipment can be faulty, children may get separated from their parents, or park workers may fail to enforce rules regarding height, weight, and health status for their rides. Whether through negligence or defective product design, amusement park injuries are a very real possibility, especially for the most vulnerable of amusement park patrons: children.
If your child has been injured in an accident, contact America’s Consumer Lawyer for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, America’s Consumer Lawyer is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
Standards for Amusement Parks
Amusement park ride safety in the U.S. is a patchwork of federal, state, and local laws partnered with voluntary standards. The Consumer Product Safety Commission (CPSC) is responsible for inspections and working with ride manufacturers in the mobile ride spectrum. The CPSC does not have jurisdiction over water parks or stationary amusement parks.
State and local governments have jurisdiction over fixed amusement parks that operate within their area and are responsible for safety audit and inspection programs. The CPSC has attempted to extend their reach over fixed amusement parks, however groups like The International Association of Amusement Parks and Attractions have stated that the current system is highly effective and state officials have the best knowledge of which standards are required for their state. In Illinois, the Department of Labor is responsible for these inspections.
Premises Liability
Premises liability is a law that determines who is responsible for injuries related to the area where they occurred. Amusement park owners owe a duty of care to their guests, meaning they must provide a reasonably safe experience while park-goers are on their property.
When an accident occurs on the amusement park’s grounds, and it can be shown that the park, or other parties, were negligent, they may be found liable for your child’s injuries. Premises liability can be assigned to multiple parties at an amusement park depending on the specific circumstances of your accident.
For example, if your child was injured on an amusement park ride because they were not properly restrained, the ride worker could be found liable, as well as the amusement park for improperly training their employees. In this instance, the amusement park and the employee failed to uphold their duty of care owed to your child, causing them injury.
Product Liability Issues
If your child was injured at an amusement park due to a faulty ride, the manufacturer of the ride could also be held liable under products liability laws. In Illinois, there are two main legal theories regarding product liability that can hold a product manufacturer or seller legally accountable for a person’s injuries: negligence and strict liability.
Under a negligence theory, the plaintiff must prove four elements, which include:
- Duty of care-The manufacturer owed the plaintiff a duty of care (a safe product).
- Breach-The manufacturer breached this duty.
- Causation-The breach caused the plaintiff’s injuries and they were foreseeable.
- Damages-The plaintiff suffered compensable injuries.
Anyone involved in the chain of distribution can be found liable, including the manufacturer, assembler, seller, or retailer.
Under strict liability, the seller, manufacturer, or anyone involved in the distribution of the defective amusement park ride could be found liable for injuries if a defective product injures someone. Under strict liability, the plaintiff must prove three points, which are:
- The personal injury to the consumer was due to a condition or defect in the product.
- The condition or defect was unreasonably dangerous.
- The condition or defect existed when the product left the manufacturer’s control.
Under the law, the plaintiff has the burden of proof in showing that the injuries they sustained were due to the defective product. Defective products are broken down into three categories, which include:
- Design defects-A flaw that is inherent to the design of the product. It must be shown that there were reasonable alternatives in design that could have been done in its place.
- Manufacturing defects-A mistake in the manufacturing or assembly of a product.
- Marketing defects-When a manufacturer or seller does not adequately warn consumers about the dangers of using a product or does not provide them with enough information to make an informed decision.
There are a host of defenses that amusement parks and ride manufacturers may raise in personal injury lawsuits in an attempt to deny your child’s claim. If your child was injured at an amusement park, contact an experienced personal injury lawyer to discuss your case and determine what compensation they may be entitled to.
We at America’s Consumer Lawyer are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.
We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at America’s Consumer Lawyer, we put People, First.
Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at michael@agrusslawfirm.com, or schedule meeting with us here. We’re here 24/7.
