Amusement Park Accidents: Usually a Case Decided Under the Laws of Premises Liability

According to the International Association of Amusement Parks and Attractions (IAAPA), more than 350 million guests flock to theme and amusement parks annually, and this is in North America alone. Theme and amusement parks are very popular destinations, whether for individuals, group of friends or families. These are among the best places where families can have a more meaningful bonding or where anyone can have his or her fill of thrill and adventure.

Behind the thrills and excitement offered and promised by theme and amusement parks, however, the law firm Williams Kherkher points out the risks of injury visitors may be exposed to. These injuries, which range from mild to severe, and in some instances, fatal, and which are sustained by thousands of visitors every year, may be due to any of the following causes: slip-and-fall accidents; trip-and-fall accidents; assault; ride malfunction or mechanical failure; operator behavior; and, defects in ride design.

Due to these risks, amusement park owners are, therefore, charged with the legal duty of making sure that all their visitors are safe; this means keeping all features and areas of their parks in safe condition, and adhering to regulations on ride design, construction and regular inspection.

While many lawsuits filed by those who get injured base their case on employee negligence, many more pursue injury claims based on premises liability. By premises liability, what is referred to is the responsibility of property owners and residents in maintaining their environment relatively safe, holding them liable for accidents and injuries that occur therein. There are many different kinds of incidences that can lead to premises liability claims, including slip-and-fall and, in reference to amusement parks, injuries suffered on rides.

Despite clear proofs of injury, there can be instances when proving a property owner’s liability may be more challenging.

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