Legal Rights for Families of Children Injured in Amusement Park Accidents

You bring your kids to the amusement park with the expectation of having fun. However, accidents can happen anywhere. There may also be a greater-than-average risk of injury at an amusement park due to the complex and sometimes potentially dangerous nature of the attractions.

Has your child been injured at an amusement park? Depending on the circumstances, compensation may be available for medical bills and related losses.

Potential Accidents and Injuries at Amusement Parks

Injuries at an amusement park may occur while on a ride that is defective, or negligently maintained or operated. However, this isn’t the only way in which harm can come to someone in this type of location. For example, a child could also be injured in a slip and fall at an amusement park. Guests could be injured in violent incidents if park ownership doesn’t take necessary security steps as well.

Whether your family is eligible to receive compensation after a child is injured depends on various factors. One such factor may be whether you signed a liability waiver.

Child Amusement Park Injuries and Liability Waivers: What You Need to Know

Once more, to some extent, amusement parks can be inherently more dangerous than a typical setting, like a retail store. This is due to the presence of attractions that can sometimes cause harm even when they appear to be working properly. Owners and operators of such parks almost always attempt to shift responsibility for injuries to the guest, with methods to require assumption of a certain degree of risk when visiting an amusement park. These efforts can sometimes successfully limit ownership’s liability when accidents do occur.

For example, amusement park owners may require guests to sign liability waivers when buying tickets or entering the park. These legal documents could state the park is not liable for any injuries guests sustain.

Does signing such a waiver absolutely mean you’ll be unable to obtain financial compensation if your child was injured at an amusement park? Not necessarily. In Massachusetts, case law makes clear that liability waivers may not be enforceable in certain circumstances, such as those involving gross negligence, violations of the law, or wrongful death. Moreover, waivers signed by minor children may be unenforceable.

It can be difficult to understand your rights in these circumstances. Reviewing your case with a legal professional who has experience handling amusement park injury cases can help you better understand whether you have grounds to pursue compensation.

Liability Waivers May Not Apply to Premises Liability or Product Liability Claims or Lawsuits

Premises liability laws require property owners and managers to reasonably take steps limiting the chances that guests will be harmed in avoidable incidents. Generally, this means a property owner must perform reasonable maintenance and vigilantly monitor their property for hazardous conditions. When they identify such conditions, they must either address them directly (i.e., by performing necessary repairs) or warn guests of their existence when eliminating a hazard entirely is impossible.

A liability waiver at an amusement park may address risks associated with attractions and rides. It doesn’t necessarily mean that premises liability laws don’t apply to an amusement park.

This is one example of how the specific way in which a child was injured at an amusement park can influence whether they’re eligible for compensation. For example, maybe a child was injured in a slip and fall because employees didn’t clean up a spill in a timely manner. A liability waiver is very unlikely to state that park ownership isn’t liable in this scenario. Even if it does, such a provision could be unenforceable.

It’s also worth noting that children can sustain injuries at amusement parks as a result of using any number of potentially defective products. If this happens, the liable party might not even be park ownership, but a product designer or manufacturer. As such, a parent may be able to file a product liability claim or lawsuit on behalf of their child, even if they previously signed a liability waiver.

The Value of Legal Assistance When a Child is Injured at an Amusement Park

This relatively brief overview may have nevertheless helped you appreciate the potential complexity of a case involving a child being injured at an amusement park. One of the smartest steps you can take in the aftermath of such an incident (aside from ensuring your child receives proper medical care) is to review your case with an attorney. At Swartz & Swartz, PC, a Massachusetts child injury lawyer will explain whether compensation may be available. We can also provide aggressive representation to help you pursue said compensation. Learn more by contacting us online or calling us today at (617) 742-1900 to set up your free consultation.

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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.