How an Amusement Park Is Likely to Defend Itself Against Personal Injury Claims


Businesses usually do their best to defend themselves against personal injury claims, and amusement parks are no exception. If you are injured on a theme park's grounds, then you should expect it to raise strong defenses.

Your Ticket Had a Disclaimer

One of the first things the amusement park is likely to point out to you is the disclaimer either on your ticket or a signboard. Due to the nature of their businesses, theme parks handle a lot of visitors and expect some injuries (and lawsuits) every year. The disclaimer is usually worded to the effect that everybody who enters the park's grounds absolves it of all legal liabilities related to injuries.

Such waivers/disclaimers may protect the parks from liability, but the protection is not absolute. For example, you may be able to overturn such a disclaimer by claiming:

  • Uneven bargaining power—The park is such a big business that you can't negotiate a contract with it as an individual.
  • Unforeseeable injury—This is possible if the injury is not one you would expect at a theme park, for example, being hit by one of the park's trucks. An example of a foreseeable injury is getting injured on a water slide.

You Assumed the Risk of Injury When You Entered the Park

Even if there aren't conspicuous disclaimers, a theme park can still defend itself by claiming that everybody entering its grounds assumes the risk of injury. This is based on the premise that activities in an amusement park are inherently dangerous.

The tactics for overcoming such a defense depends on your state. For example, some states do not allow parks to use it while others require the parks to prove that you knew of the assumed risk. For example, a park may be required to prove that screws in roller coasters can get loose and lead to an injury.

You Didn't Comply With the Safety Rules

It is not surprising that this is a common defense given that amusement parks have a litany of rules and regulations that all visitors are expected to adhere to. For example, some rides have age restrictions and some attractions require certain forms of clothing.

However, you can claim that the park (through its attendants) have a duty to see that the rules are followed, for example, by those who may not know about them. For example, park attendants should be able to see that a child isn't wearing appropriate clothing for a ride and bar him or her from going on the ride.

The defenses are many, and overcoming them depends on the circumstances of your injuries. That being said, amusement parks are notorious for their denial of injury liabilities. If you are injured on their grounds, you need an experienced personal injury lawyer to get any form of compensation from these businesses.


10 February 2015

My Day in Court

When I sued a product manufacturer after a disfiguring accident, I never expected to actually go to court. I assumed that the case would eventually be settled, like most personal injury cases are. To my surprise, they wouldn't budge, and we ended up having to go all the way to court. I was pretty nervous about testifying, but I had a great attorney that prepared me well, and everything went smoothly. In the end, the jury saw things my way. I realized that I probably wasn't the only person to ever experience an unexpected day in court, and that's how I got the idea to start this blog. If you're looking for tips to help you prepare or wondering what to expect when you go to court for a lawsuit, this blog contains important information for you.