Catastrophic Injuries from Amusement Park Accidents
You have likely heard about the recent amusement park accidents that have caused the deaths and serious injuries of park visitors. No one plans to suffer a catastrophic injury when they walk through the gates of their favorite theme park. It is summer time, and you just want to have fun and enjoy life. Sometimes though the unthinkable happens, and a park patron suffers a serious injury or worse, a horrendous death.
Just last week a 10-year-old boy was killed while careening down the tallest water slide in the U.S.– the 168-foot-tall Verruckt water slide at the Schlitterbahn water park located in Kansas City. Although amusement parks are not subject to federal regulation, it seems like this latest deadly accident that left the little boy dead from a broken neck will lead to some much-needed changes. According to a story in Time magazine, the state labor department of Kansas allows the Schlitterbahn water park to perform their own safety inspections. They use inspectors who are licensed by the National Association of Amusement Ride Safety Officials (NAARSO). After the accident that caused the young boy’s death, the labor department said that it is unclear when the last inspection took place, and what the findings of that inspection were.
According to the International Association of Amusement Parks and Attractions (IAAPA), about 335 million people go on about 1.6 billion rides at 400 amusement parks throughout the United States. The U.S Consumer Product Safety Commission does not have jurisdiction over the amusement park injuries; however, they estimate that although fatal injuries are rare, there are about 4,200 people taken to emergency rooms each year to be treated for injuries suffered at amusement parks. The Verruckt (which means “insane” in German) water slide has been closed for the rest of the season so that investigators can determine the cause of the accidents.
An amusement park injury is premises liability
Amusement park owners owe a duty of care to maintain the premises in safe, working order for all park guests, whether those guests purchased a ticket or were admitted for free. The rides themselves must be properly maintained, and precautions must be taken to make the rides as safe as possible. Also, patrons must be warned about possible dangers that could occur if the posted safety rules are not followed.
If a park visitor suffers a catastrophic injury on a ride that was caused by a defective product, in addition to filing a premises liability claim against the park, the injured person may be able to take legal action against the ride manufacturer.
When a park visitor dies as a result of an amusement park ride accident, their surviving family members may be able to file a wrongful death lawsuit against the park and possibly the manufacturer of the ride if it is a separate entity.
When you go to an amusement park, the goal is to have lots of fun, but when you end up in an ambulance due to a catastrophic injury it can have a devastating impact on your life. If you or a loved one has suffered a catastrophic injury caused by another person’s negligence, you may want to consult an experienced Memphis personal injury attorney at Bailey & Greer, PLLC. We will discuss your case, answer your questions, and review your legal options. You are encouraged to contact us at 901-680-9777 today or fill out our contact form to schedule a free initial consultation to discuss your case and how we can help you.
Since graduating magna cum laude in 2005 from the University of Memphis School of Law, Thomas has helped make a difference in the lives of victims of serious personal injury, wrongful death, and professional negligence. Thomas has extensive trial experience in both state and federal court. Among other victories in the courtroom, Thomas obtained several impressive jury verdicts and settlements
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