Most amusement parks open Memorial Day weekend and stay busy all the way until Labor Day weekend. If the temperatures have you flocking toward amusement parks, you may be delighted to know that your chances of dying on a roller coaster are only 1 in 24 million. However, this does not mean that you won’t be injured in an amusement park. Though your chances of dying on a roller coaster are slim, many people still find themselves seriously injured after visiting an amusement park.
PREMISES LIABILITY AND COMPARATIVE FAULT:
Injuries at amusement parks fall under premises liability. Premises liability avers that property owners are responsible for maintaining a safe environment. If a guest or invitee is injured on the property, the property owner is usually liable. However, premises liability is not as simple as the owner always being at fault. Utah is a modified comparative fault state. This means that two parties can share the fault. Under Utah law, if you are found less than 50% at fault, you may be compensated for your injury. Calculating fault is a complex thing; if you have questions about your fault in an incident, you may need to speak to an attorney.
WHEN YOU MAY BE AT FAULT:
There are some ways you could be found at fault in an amusement park incident. If you act in a reckless manner, such as climbing over tall railings or running in areas with signs that say “no running,” you may be considered at least partially at fault for the injuries you sustain. Many rides have signs that warn passengers with certain medical conditions that a ride may exacerbate those conditions. If you already have back problems, and you willfully ignore signs warning guests with pre-existing back problems, you may be considered to be at fault for worsened back problems after the ride.
WHEN THE PARK MAY BE AT FAULT:
Though injuries on amusement park rides are less common, many injuries occur within the park itself. Amusement parks are required to make sure the premises are safe for guests. This means they are responsible for things like cleaning up spills or putting up “wet floor” signs. Restaurants in amusement parks are also responsible for making sure the food they serve isn’t contaminated or expired. If dangerous conditions are present, there must be signs advising guests of the dangerous conditions. Amusement parks are also responsible for ensuring their rides are working properly and are safe. If the amusement park neglects any of the aforementioned, they may be liable for any injuries or property damage its guests endure.
IF YOU WERE INJURED:
Though the rate of fatal roller coaster accidents is low, people are still fatally injured on amusement park rides. In July of 2021, a young boy was tragically killed on a ride in Iowa City. The ride called The Raging River has claimed two lives since 2016. If you have been critically injured at an amusement park, you are not alone. At Moxie Law Group, our attorneys know the ins and outs of premises liability and personal injury. And, we are committed to fighting for the justice and compensation you deserve.