The Kickham Comment - Boston Accident Lawyer Blog
As I reported in my previous post on this subject, amusement park injuries are much more common than most people might think. If you or someone you love has been injured in a Massachusetts amusement-park accident, you may be entitled to financial damages for your injuries. Following below are some typical forms of liability that may serve as the legal basis for damages following several types of injuries that are common to amusement parks:
Product Liability and Defective Products – This refers to whether or not there was a defect in the manufacturing or design of the ride.
Premises Liability – Broken stairs, lack of lighting, gaps in pavement, and parking lot conditions all have to do with premises liability, which is also known as property liability. Slip and fall injuries come under this category.
Wrongful Death – These incidents are typically the cases that are compensated the most high in terms of financial damages, and certainly require the expertise of a Massachusetts wrongful death lawyer.
Negligence – This pertains to the foreseeability of injuries that may have occurred, and whether or not preventive steps were taken to minimize such risks. Negligence can also be found where workers operating rides who were not property trained, or lack of security at the amusement park.
Who is liable for the damages in these cases? It is the owner/operator or management team who manages the amusement park. The owners or management team have a legal responsibility to make sure that their park is properly maintained and kept in a safe condition. As to who pays for these damages, in nearly all cases a liability insurance policy that the amusement company has paid for, will provide for coverage in these types of injury claims. It is the liability insurance company that issued the insurance policy who will defend the case – and liability insurance companies don’t pay out damages easily. They are tough, and anyone who is injured in an amusement park ride or carnival ride needs to be represented by a Massachusetts amusement park injury lawyer who has years of experience in this field of practice.
If you are injured, I suggest the same types of cautionary measures that one would employ in the aftermath of a car accident. Take photos of the injured person with your cell phone or camera. On a piece of paper, note the time, the ride, any witnesses, and the name of the operator of the ride. If the injured person is put in a brace or carried on a stretcher, take pictures of that as well. And speak to an experienced Boston accident attorney who is familiar with all aspects of personal injury.
OK – Ready to have fun now? Here’s what you can do to avoid injury at Massachusetts amusement parks.
1) Ask your state inspections department for the park’s safety record, before you patronize the park. Although most people will not do this, it is a good way to gauge if the park has a record of accidents.
2) Inspect the park. If the grounds are not well-maintained, you can be pretty sure the rides won’t be either.
3) Read the warning signs. All major rides have restrictions on a person’s age, height and weight. Do not ignore them, especially if you have a specific medical condition that the ride warns you about – for example, back problems, or are subject to seizures.
4) Assess the conduct of the ride operator. The operator should, at all times, be paying attention to the ride and its riders.
5) Assess the ride’s appearance. If the ride is rusty, poorly lit, or cluttered with litter, you would do well to forget it.
6) Be alert of riders. If you see unruly teenagers on your ride, it would be smart to alert the ride operator or park supervisor – and get on a different ride.
7) Don’t force children to ride rides. If you child is scared, do not force him or her to go on a ride.
8) Adhere to the park rules. That means wearing your seat belts, and using the lap bars, chains, and harnesses.
Also, under the KISS principle (Keep It Simple, Stupid) – don’t stand up when riding the roller coaster.
Oh, one last thing: Ride the Tunnel of Love with your better half. Just don’t get injured in the process.