Legal Claims Available To Victim of Amusement Park Accident

Negligence and defective equipment are the most common causes for an amusement park accident.


The park’s employees have duty to be attentive.


Each rider should be locked in securely. Employees should make sure that all riders were adhering to any posted rules. Those that were of a specific height or weight might not be allowed on a given ride.


The operator of any ride should have a sufficient level of training. Training in life-saving skills could also prove useful, as per personal injury lawyer in Brantford.


Some employees should be assigned the task of maintaining and inspecting the equipment. The park should monitor the amount of care given to completion of any inspection, or maintenance project.


The park should be prepared to handle a defect in a piece of equipment.


It should know how to identify the existence of a defective component. It should know how to deal with that same defective component.


The park should have some knowledge of the proper design for the different pieces of equipment. Poor design could affect a part’s ability to function correctly.


A park’s potential defenses, after becoming the target of a personal injury claim


Assumption of risk: This would not be an effective defense, unless the injured rider had been aware of the risk. Moreover an identified risk, and not a hidden one would have had to be the cause of the claimed injury.


The rider’s failure to comply with the posted rules: That defense could be used, if the rules had been placed in a prominent location, and featured large and bold-colored print. In certain locations, it could be necessary to have such signs printed in more than one language.


The language on the ticket had indicated the rider’s implicit acceptance of any existing risks: This defense would only work with an adult rider. The purchase of a ticket is like accepting a contract, but minors cannot be held accountable to the provisions of a contract.


An unexpected weather-related event had caused the accident.


—A park should suspend utilization of its equipment, if aware of reports about the approach of a storm.
—A park’s operators should be ready to suspend utilization of a piece of equipment, if those in charge had learned about expectations for high winds.
—Logic would call for suspension of rides, if the weather report had included the mention of some anticipated thunderstorms. Tall rides would act as an invitation to any bolts of lightening.


An unpredictable geophysical event, like an earthquake had caused the accident.


—This would be an acceptable defense. While buildings are supposed to have a construction that limits the harmful effects of an earthquake, there is no such requirement for the equipment in amusement parks.