4 Key Factors in Slip and Fall Amusement Park Cases
Amusement park rides may be the expected cause of many amusement park injuries, but hundreds of people are injured every year from simpler falls and spills at amusement parks. If you slipped and fell near a water park ride, tripped on ride stairs, or slipped on food or spills at a theme park, there is no need to feel embarrassed. The grounds of an amusement park are part of the responsibility of the park owners and workers. Their duty to keep the area safe for riders and patrons may mean that you can sue the park for any injuries from a slip and fall or trip and fall. For more information about how to sue for a slip and fall at an amusement park, read the following tips from the national amusement park injury lawyers at Reiff Law Firm and call our office for a free consultation.
Tips for Amusement Park Negligence Cases
The following tips may be relevant to your case if you were injured in a fall at an amusement park. For help with your case, consider contacting an amusement park injury attorney like those at Reiff Law Firm. If you are considering suing over your injuries, these factors and tips may help you understand your rights and how your potential case may go:
1. Amusement Parks Owe you a Duty
Even if you never set foot on a ride at an amusement park, park officials still have a duty to keep the premises safe for parkgoers. This includes keeping stairs, handrails, walkways, and other surfaces and fixtures free of dangers that could injure their patrons. By virtue of paying admission and entering the park as a guest, the park staff owes you a duty to:
- Warn you of hidden dangers in the park, such as loose steps or dangerous areas;
- Clean up spills and other slipping hazards, or warn of them;
- Ensure that stairs and handrails are safe for use;
- Keep dangerous pathways roped-off from the public; and
- Repair or warn of anything else that can harm a patron.
If the park fails to do so, you may be entitled to sue them for your injuries their negligence causes.
2. You May be Able to Sue – Even if You are Partially At-Fault
No one is perfect, and the laws of most states recognize this fact. Amusement parks are fun, distracting environments. If you slip and fall or trip and fall while watching a ride, while eating food, or while otherwise distracted, the amusement park may try to turn the blame for your injuries on you. In most states in the United States, this is not a defense that protects them from being found negligent. Most states follow a system called “modified comparative negligence.” This means that a victim can still recover damages as long as they are less than 50% responsible for their own injuries (or 51%, depending on the state). Only Alabama, Maryland, North Carolina, and Virginia block victims from recovery for contributory negligence (e.g. victims who are 1% responsible for their own injuries).
3. Keep a Journal of Your Experiences
Most damages can be proved in court by evidence like medical bills, receipts, and bank records. These show the economic damages you might incur from medical expenses and lost wages if you were severely injured in a fall. However, the personal experiences of pain and suffering are more difficult to prove, and often rely on your own testimony of your experiences. Keeping a journal of your pain, symptoms, and recovery helps prove these damages in court.
4. Potential Damages May be Limited in Your State
Each state has its own laws for personal injury cases. In some states, damages are restricted for personal injury. If you are injured in a slip and fall, you are often entitled to damages for your medical costs, for your lost wages if you had to miss work, and for your pain and suffering. If you suffered a head or back injury in a fall, or fell from a great height on ride stairs, your medical expenses could be high. Additionally, you could miss a substantial amount of work, or be unable to return to your job duties. Usually, these damages are not limited by law. However, damages for pain and suffering may be “capped” by state laws. Check with an attorney to understand your potential compensation for a slip and fall at an amusement park.
Suing an Amusement Park for Injuries from Falls
Amusement parks open themselves to liability for injuries that any patrons suffer, on or off the rides. If you or a loved one was injured at an amusement park, do not hesitate to call an amusement park attorney. Even if the injury was not an amusement park ride injury, the park may still be held liable for your injuries. If you were severely injured, you could be entitled to substantial compensation – and our attorneys may be able to help. For a free consultation on your injury case, call the national amusement park injury lawyers at Reiff Law Firm today at (800) 861-6708.