Can I file a personal injury claim or lawsuit for an injury at an amusement park or water park?

By Rispoli Law, PPLC


In Arizona and the surrounding areas, you will find a number of family attractions. Many include rides, water slides, and other forms of activities. As fun as these amusement parks, theme parks, fairs, carnivals, and water parks can be, they can also turn tragic in just a split second. There have been several cases where a child or adult has been seriously injured or has died on a ride that was thought to be safe. Often, these accidents could have been prevented, but happened because of negligence.

Common Injuries at a Water Park

  • Slip and falls
  • Diving into shallow water
  • Near drowning
  • Drowning
  • Head and neck injuries
  • Spinal cord injuries
  • Lacerations

Common Injuries at Amusement Parks

  • Broken bones or sprains
  • Severe bruising
  • Lacerations
  • Internal bleeding
  • Traumatic brain injuries
  • Heart attack
  • Loss of limb
  • Whiplash

Who Can Be Held Liable When a Water Park or Amusement Park Injury Happens?

In general, the owner and operator of these establishments can be held liable for an injury or death. The causes of liability can include:

Negligence – This is the most common reason for an establishment to be liable. To prove negligence, a lawyer must show:

  1. The defendant owed a duty to the plaintiff;
  2. The duty was breached;
  3. The breach led to an injury or death; and,
  4. The plaintiff suffered a loss.

Examples of negligence includes:

  • Failure to warn
  • Failure to maintain rides
  • Failure to inspect rides
  • Failure to properly train employees

 

Respondeat Superior – Another form of liability is known as respondeat superior. To invoke this doctrine, a lawyer for the plaintiff should show that the employee was acting within the scope of his or her job responsibilities, but was negligent.

Examples of respondeat superior include:

  • Failure to provide instructions to the riders
  • Failure to operate a ride properly
  • Allowing someone too young or short to ride the ride

Cause of Action – The final way the park could be liable is under a cause of action within premise liability law. This form of liability is not as common but will determine liability when a condition on a piece of property has caused harm to another. In general, the defendant can be held responsible under premise liability when they owned the land where the park was located and the injury happened.

Third parties can also be held liable for an injury or death at an amusement or water park.

Because the injuries sustained in water park and amusement park accidents are often very serious, it may be a good idea to talk with a lawyer about filing a personal injury claim.

 

A personal injury lawyer can help you to prove negligence and recover compensation that is fair and just. A lawyer can also ensure all of the injuries, and prospective costs, are accounted for. This way you can receive maximum damages that will cover your financial losses now and in the future. For a consultation with a personal injury lawyer Phoenix, AZ trusts from Rispoli Law PLLC.