Thousands of Americans experience injuries in amusement parks every year. Some of these injuries can be traced back to the negligence of amusement park employees or management, but don't expect them to readily accept responsibility if you or your loved one is hurt. In fact, expect an amusement park to put up a spirited defense of its actions. Here are three of the likely defenses an amusement park may use when faced with an injury claim:
You Knew the Risk Involved
Some things are inherently dangerous, and the public knows or is expected to know about their risks. For example, an average person knows that car racing is dangerous, and everybody who goes on to race (despite this knowledge) assumes the inherent risks of car racing. Such a person is not expected to blame others when they suffer injuries while racing. This is known as the assumption of risk defense.
An amusement park may launch a similar argument when faced with an injury lawsuit. They argue that many of the activities found in amusement parks are inherently dangerous and those who engage in such activities understand the involved risks. This defense may or may not succeed depending on various issues such as the applicable state laws and the cause of the accident; in short, it isn't a blanket defense.
You Accented To the Disclaimer by Purchasing a Ticket
Amusement parks know that the businesses they run are dangerous and that people can blame them if they get injured. This is why they put disclaimers on their tickets. The disclaimers absolve the amusement park of injuries that the ticket holder may suffer within the park grounds. The argument here is that if you have read the disclaimer, and still go ahead to purchase the ticket and enjoy the associated activities, then you shouldn't blame the park for your damages. Again, this defense may or may not be viable depending on issues such as the ticket holder's age, the laws of the state, and nature of the injuries.
You Did Not Follow the Rules
Every place, including amusement park grounds, has their rules that they expect visitors to adhere to. There are also government rules governing such issues. Most of these rules have been in put in place for the safety of the public. Therefore, you shouldn't hold anybody responsible for your injuries if you are injured as a result of not following these applicable rules. For example, if you are required to strap yourself in a seat while enjoying a ride, and you fail to do so, then you only have yourself to blame if you end up getting injured because you were not strapped in.
Expect the amusement park to put up a good defense not only to avoid paying the damages but also to safeguard its reputation. Increase your odds of getting your damages by retaining a local legal services company.Share