Roller coasters, carousels, mechanical rides, and water rides give many of the 335 million people who visit theme parks yearly a thrill-seeking experience. However, whipping from side to side, screaming at the top of your lungs, and your body being shaken up and down can lead to a serious amusement park injury.
 
While amusement parks state their facilities are safe, most of them still provide warnings alerting that movements of the ride can cause injuries to riders. An estimated 30,000 injuries were related to amusement parks in 2016. The injuries were greatly in part by not practicing safety guidelines.
 
Continue reading to learn what happens if you sustain an amusement park injury.
 

Assumption of Risk

Assumption of the risk is a defense that reduces or disallows recovery for the injured party, for those who voluntarily and knowingly enter into a potentially dangerous situation. In other words, people who choose to ride a mechanical ride in a theme park usually cannot turn around and hold the theme park responsible for the injuries sustained.
 
For example, you take a ride on a roller coaster and due to the erratic movements you experience pain in your neck. The willingness and knowledge to take part of such activity, you assume the risks associated with the ride.
 
The assumption can be expressed or implied. Many theme parks will have you sign a form that one acknowledges the risks involved in writing, in a form of a waiver or contract. An implied risk is not written or in a form of a waiver. Implied risks exists when one voluntarily encounters a situation with the understanding of possible harm.
 

Exceptions to the Rule for Recovery

 
The assumption of risk defense will not protect an amusement park for all injuries resulting from an adventurous experience. Negligent and reckless behaviors such as faulty equipment, improper maintenance, and defective machinery may result in unforeseen risks for the rider. These may also result in a serious injury or the loss of a loved one. The amusement park has a duty to provide reasonable care in preventing foreseeable harm to others.
 
For example, for a person who rode the roller coaster and sustained serious injury as a result of the ride malfunctioning, such as breaking down in mid-loop, is an exception to the assumption of the risk rule.
 
If the injuries sustained were a direct cause of the breached duty of the theme park, the park is responsible to compensate the victim for damages resulting such as medical bills, economic losses, and pain and suffering.
 

Did You Suffer an Amusement Park Injury? Contact a Theme Park Attorney Today

 
Coping with an injury or loss of a loved one due to an amusement park accident can leave you and your family with unexpected monetary, physical, and emotional damages. If you or a loved one has suffered an amusement park injury, you deserve proper compensation for your pain and suffering.
 
With over 40 years of experience in the legal field, we know what it takes to achieve the justice and compensation that you deserve. Trust an attorney that has seen thousands of cases, knows how to handle your legal situation, and is there to fight for you every single minute of the day.
 
Call to speak with one of our personal injury attorneys today for a free consultation at (800) 203-3061.

 

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