Who Is Liable for My Texas Amusement Park Injury?
If you were hurt at an amusement park, you may have legal options. A San Antonio premises liability lawyer can help you understand who may be responsible for the accident and whether you may be able to recover compensation for your injuries.
How do amusement park accidents happen?
Amusement park injuries can occur on big roller coasters and, surprisingly, even on smaller rides.
Some accidents are caused by mechanical issues like restraint failures, broken seat belts, or broken parts. Other accidents happen because workers don’t follow safety guidelines.
Other times, people are injured because of unsafe conditions. Wet walkways, broken stairs, poor lighting, loose railings, or overcrowded areas can all contribute to injuries at a theme park.
Traveling carnivals, where rides are frequently assembled in one city and then disassembled and reassembled in another city, can also increase the risk of injury if safety checks are rushed or skipped altogether.
Who may be liable for an amusement park injury?
More than one person, business, or company can be liable for an amusement park injury.
Amusement park
Parks generally have a duty to exercise reasonable care. If a park fails to use reasonable care and that failure causes injuries, the park may be held liable under Texas negligence or premises liability law.
Ride operators
Ride operators may also be found liable for amusement park injuries. For example, an employee might not lock a restraint properly, forget to check the seat belts, or let someone who doesn’t meet the height, age, or health requirements board a ride.
Manufacturer
Sometimes, the problem is with the ride itself. If an amusement park ride had a defective part, poor design, or a manufacturing defect, the relevant company may be liable for damages.
Maintenance or inspection company
Amusement parks may use third-party firms for repair work and safety inspections. Liability can be shared with a third-party contractor who, for example, did unsafe repairs or failed to notice serious mechanical issues.
A San Antonio premises liability lawyer can help determine liability after an amusement park injury.
Are amusement parks always responsible for injuries?
No, not necessarily. Sometimes, park-goers get hurt because they ignore the park rules, such as standing up during a ride. An amusement park cannot automatically avoid all blame simply because rides involve some danger.
Under Texas law, generally, businesses and property owners are reasonably expected to take steps to help keep visitors safe. An amusement park can still be liable for injuries if it knew or should have reasonably known about a dangerous problem.
What injuries are common in amusement park accidents?
Some amusement park injuries are minor, while others can affect a person for months, years, or even for the rest of their life.
After an amusement park accident, a person may suffer a neck injury, back injury, concussion, broken bones, deep cuts, spinal injury, or internal bleeding. Some victims suffer traumatic brain injuries that require ongoing care. In the most devastating cases, injuries can be fatal.
Children can be especially vulnerable on amusement park rides. Their bodies are smaller, restraints may not fit them as securely, and younger children may not fully understand safety warnings or instructions. Even a ride that seems gentle can become dangerous if equipment fails or safety systems do not work the way they should.
What should you do after an amusement park injury?
The steps you take after the accident may affect your recovery, both physical and financial.
First, report the incident and get medical treatment as soon as you can. If possible, document the scene with photos or videos. Capture the ride, the area around it, your injuries, and anything else that may help show what caused the accident.
If there were witnesses who saw what happened, request their names and contact information. Witnesses can sometimes help support your version of events if the amusement park later disputes the accident.
It is also important not to assume the park will automatically save evidence. Security video, inspection paperwork, repair records, and other important information may not be preserved for very long. In some situations, evidence can be lost or deleted fairly quickly.
After the accident, insurance companies may reach out and ask questions or offer a fast settlement. Some injured people accept money before they fully understand how serious their injuries are. That can create problems later if medical issues become worse over time.
Talk to a San Antonio premises liability lawyer
Cases involving amusement park injuries can become complicated very quickly. More than one business may have been involved with the ride, including the company that operated it, maintained it, inspected it, or manufactured its parts. When injuries are severe, victims may also face expensive medical treatment, missed work, and long-lasting physical problems.
A San Antonio premises liability lawyer can help. If you were injured at an amusement park, carnival, or fair, you may have questions about your rights and what steps to take next. Pat Maloney: Accident & Injury Attorney helps injured people throughout Texas pursue compensation after serious accidents. Contact the firm to discuss your situation and learn whether you may have a claim.
Pat Maloney, Jr. is a skilled San Antonio personal injury lawyer who has acted as lead counsel and co-counsel in many multi-million dollar verdicts throughout Texas. Pat Maloney represents people injured in car accidents, truck accidents, construction accidents and more. He is well known for his expertise in representing victims of serious personal injuries and has participated as a lecturer in the field of personal injury litigation. He has been named as one of the “Best Lawyers in America” Reference Book every year for the last five years.