Under California’s premises liability laws, carnival ride accident victims are entitled to recover damages from amusement parks for owing them a duty of care. Amusement park accidents happen when safety rules and standards are not properly in place.
Here are the most common amusement park injuries:
- Slip and Fall: Victims may fall off a water slide resulting in broken bones or brain aneurysms.
- Being ejected from a roller coaster: Lack of safety rules can lead to human error such as loose restraints on an amusement ride.
- Drowning: High speeds on a water slide and lack of supervision can lead to drowning incidents.
- Food poisoning: Consuming contaminated food from the stalls inside amusement parks can make kids feel nauseous.
Amusement Park Safety Regulations
The California Amusement Rides Safety Law (Labor Code sections 7900-7919) regulates community events such as carnivals and fairs. The Division’s Amusement Ride and Tramway (ART) Unit oversees the TAR Safety Inspection Program to ensure compliance with these regulations.
Unfortunately, most amusement parks are not regulated by the federal government. Meanwhile, the Consumer Product Safety Commission (CPSC) oversees traveling carnivals or mobile amusement attractions. However, those that are on site are left to the states.
Amusement parks must have the following:
- Height requirements on water slides and rides
- Boarding and disembarking instructions
- Age, weight, and health restrictions before giving ride access
Determining Liability for Amusement Park Injuries
If you happen to experience a severe injury from theme amusement park rides, you can sue ride owners, operators, and manufacturers.
Negligence
Failure to perform regular inspections is one of the main reasons why carnival accidents occur. It is the legal duty of theme parks and carnivals to ensure the safety of their visitors. Operators can be held liable for incorrectly latched seat belts, no clear warning signs, and abrupt stopping or moving of rides at rest.
Product Liability
Defective rides shouldn’t operate in the first place. However, without proper maintenance and inspection, ride operators could miss design flaws, which can ultimately lead to injuries. When filing a product liability claim, victims can sue the manufacturer or seller of the ride by proving the faulty structure and equipment.
Assumption of Risk
In California, the assumption of risk is a legal doctrine that shifts liability to the rider. For instance, riding a roller coaster is considered a thrill-seeking activity; therefore, it is inherently risky.
Amusement park patrons may be required to sign a waiver where they agree not to sue the operator or owner even if they sustain injuries. However, there are still grounds to sue if there is an extreme lack of due diligence on the defendant’s part.
Types of Damages
In most cases, the following damages may be awarded to the plaintiff:
- Compensatory Damages: These can cover the medical bills, surgical and rehabilitation costs, as well as lost wages.
- Non-Economic Damages: These intend to compensate for intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: The court can punish the carnival owner, ride operator, and manufacturer who acted recklessly or with intent to cause harm.
If your loved one or family member in a ride fell or died in a roller coaster accident, you can file a wrongful death lawsuit and file a claim for the following damages:
- Funeral and burial expenses
- Lost wages/financial losses
- Loss of companionship and support
Filing an amusement park accident claim
To file a carnival ride accident claim in California, follow these steps:
- Report the accident to the amusement park personnel: Seek medical care as soon as you can after the incident.
- Gather Evidence: Take photos and videos of the incident. Make sure you have a copy of your medical records and keep your ride stubs to support your claim.
- Submit a Complaint: Amusement ride owners and operators must call the nearest Amusement Ride and Tramway (ART) Unit to report a injury or accident.
- Negotiate a Settlement: You can ask for a settlement to resolve the dispute without going to court.
- Proceed to Trial: Without reaching a settlement agreement, your case goes to trial.
Statute of Limitations
In California, you have two years from the date of the amusement park accident to file a personal injury claim and six months if you’re suing the government.
Carnival Ride Accident Statistics
One of the notable theme park companies in California with a history of carnival ride accidents is Six Flags Entertainment Corporation, which has recorded 62 deaths at its amusement parks to date.
Recently, on July 4th, a carnival ride tipped over at Windjammer Park in Oak Harbor, injuring six people. In Florida, a tragic incident occurred at Discovery Cove theme park, where a 13-year-old girl drowned and could not be revived by lifeguards.
Contact a Carnival Accident Lawyer
Injured on a theme park ride? Hire a carnival ride accident attorney at Adamson Ahdoot. Our experienced team of lawyers is knowledgeable in diverse practice areas, including personal injury cases such as carnival accidents.
At Adamson Ahdoot, we offer assistance that requires prompt legal action. With over 100 years of combined experience, our personal injury lawyers can help you get the compensation you deserve.
Contact us at (800) 310-1606 or visit our website for a free consultation available in English or Spanish.
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