Amusement Park Injury Lawyer

A child of any age may sustain an amusement park injury in many ways. Though some injuries may be caused only by the carelessness of the injured individual, many others are caused by the negligence of another or by a defective product. Common examples include the negligence of those responsible for maintaining park grounds or rides, the negligence of ride operators, and defects in rides.

If your child has died or sustained an amusement park injury as a result of a ride defect or someone’s negligence, you may be entitled to compensation for your child’s injuries or death. Amusement park and child injury lawyer Jeff Killino has extensive experience with all types of Child Injury Cases, including those arising out of amusement park injuries or deaths caused by someone’s negligence or a defective ride. Contact attorney Killino today at 877-875-2927 for a no-cost assessment of your case and additional information about your legal rights and options.

Who may be held responsible for your child’s amusement park injuries or death? The answer may depend on the law of the state in which you file a legal action as well as the particular circumstances of your case.

Legal Liability for Amusement Park Injuries

Negligence leading to a child’s amusement park injuries or death may occur in any number of ways. Defects in rides may also result in a child’s amusement park injury or death.

Liability for Injuries or Deaths Caused by Defective Rides

The standards for amusement park rides with permanent locations are set by the states in which such amusement parks are located, while standards for mobile or traveling rides are set by the U.S. Consumer Product Safety Commission (CPSC). Regardless of whether an amusement park ride meets the state or other standards applicable to that ride, however, the manufacturer and others in the chain of distribution of a defective ride may be held liable, under most states’ laws, for the injury or death of a child that is determined to have been caused by the ride’s defect.

Liability for injuries or deaths caused by a product defect is determined by the product liability law of the state in which an action seeking damages for such injuries or deaths is filed. Though there is some variation in product liability law from one state to another, most states allow recovery for injuries and deaths caused by a product defect, including a defect in an amusement park ride, from the manufacturer, designer, assembler, supplier, or retailer of the defective ride.

These actions may generally be brought as strict liability, negligence, or breach of warranty claims, but when damages for someone’s personal injury or death are sought, plaintiffs usually bring such actions as strict liability claims. This allows the plaintiff to recover damages for injuries or deaths resulting from a defect in the design or manufacture of a ride, or as a result of the failure to warn of certain dangers associated with the ride, without having to prove negligence on the part of any of the defendants.

Liability for Amusement Park Injuries or Deaths Caused by Negligence

A child may be killed or injured in an amusement park as a result of someone’s negligence rather than a defect in a ride. Such negligence may occur as a result of an amusement park’s inadequate screening, hiring, training, and/or retaining of incompetent employees, the failure to properly maintain park grounds to protect patrons from injury, or the negligent hiring of maintenance companies to perform such maintenance duties. In most states, the liability of an amusement park or its employees for injuries or deaths caused by unsafe conditions due to inadequate maintenance is determined in accordance with the law of premises liability in the state in which a legal action is filed. In some states, premises liability applies only to those who have been invited onto an owner’s property, such as the admitted patrons of an amusement park.

Amusement Park Injury LawyerThe negligence of employees who operate amusement park rides may also result in liability on the part of such employees for injuries or death to children caused by such negligence. For instance, the failure of a ride operator to prevent children too small or young for a particular ride to use the ride may result in the employee’s liability, in an action for negligence, for the child’s injury or death that is determined to have been caused by the employee’s negligence. The employer of the negligent employee may be held directly or vicariously liable, as well.

Contact Us

If your child has been injured or killed at an amusement park as a result of someone’s negligence or a defective product, nationally recognized child injury and amusement park injury attorney Jeff Killino can help you obtain the justice you deserve from all those responsible for your child’s injury or death. Contact child injury and amusement park personal injury lawyer Jeff Killino today at 877-875-2927 for expert and experienced assistance with your case.