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Who Is Liable for Amusement Park Accidents?

February 25, 2022

Colorado is home to many amusement parks and family attractions, including Glenwood Caverns Adventure Park, Lakeside Amusement Park, Elitch Gardens and Water World. Unfortunately, a fun day with the family could end in tragedy at one of these parks if it is not properly managed or maintained. If someone gets injured or killed in a devastating amusement park accident, find out who could be liable (financially responsible) for the incident.

Who Is Liable for Amusement Park Accidents?

When Can You File a Personal Injury Claim for an Amusement Park Accident?

As a paying customer at an amusement park in Colorado, you are classified as an invitee in the eyes of the law. This is the highest level of property visitor, who is owed the most significant amount of care. If you get injured while enjoying a day at an amusement park, you may have grounds to hold the property owner responsible for failing to keep you safe. You will only have grounds for a lawsuit, however, if someone else was negligent (careless), reckless or wanton in connection to your injury.

What Could Cause an Amusement Park Injury or Illness?

Determining liability for an amusement park accident begins with identifying the cause of the injury or illness. A personal injury claim often requires an in-depth investigation into the accident to determine fault. The victim may need a personal injury lawyer to return to the scene of the accident and search for signs of negligence, for instance, such as an amusement park ride that needs maintenance. Common causes of amusement park injuries and illnesses include:

  • Dangerous premises
  • Slip and fall hazards
  • Uneven stairs
  • Improper ride installation
  • Poorly maintained rides
  • Lack of rollercoaster inspections
  • Low-quality repairs
  • Defective rollercoasters
  • A lack of child safety measures
  • Inadequate barriers around hazards
  • Poor employee training
  • Spoiled food
  • Assaults by another guest

Once the cause of the accident has been determined, an attorney can name the appropriate defendant(s) based on who had a legal obligation to prevent the defect or hazard. In personal injury law, this obligation is known as the duty of care. If a party failed to fulfill its duty of care, it will most likely be liable for related injuries, illnesses or deaths at an amusement park.

Who Is Liable for an Injury or Death at an Amusement Park in Colorado?

Most amusement park accident cases take the form of premises liability lawsuits. Premises liability is an area of law that deals with dangerous property defects. The law of premises liability states that a property owner is liable for any injuries suffered on the property due to defects or hazards, such as an uneven surface that results in a slip and fall accident. Under this rule, the owner of the amusement park will most likely be liable for injuries that occur on the premises.

To begin an amusement park accident claim, you or your lawyer will need to determine the identity of the owner of the park and property. If a company owns the amusement park, you will file your claim with the company’s insurance provider. If it is a privately owned theme park, you can bring your claim against the individual property owner. If you were injured on public property, such as at a county fair, your claim may name the government as the defendant.

If your amusement park accident was not related to a property defect, you may be able to file a claim against someone other than the property owner. If a defective ride injured you, for example, you may have a product liability lawsuit against the ride manufacturer. If you were struck by a car while walking in an amusement park parking lot, you may have a case against the individual driver.

Amusement park accident lawsuits in Colorado can be complicated and difficult to win. Multiple parties may be liable for your injuries. For assistance with a claim, contact an attorney at Fang Law Firm today.