NYC Amusement Park Accident Lawyers
Amusement Park Accident Lawyers In New York City
Amusement parks are enchanting places where dreams come true. However, sometimes those dreams can turn into nightmares. As you walk through the gates of a theme park with your loved ones, you would never expect that you or a family member might leave with an injury—or, even worse, not leave at all. Unfortunately, for some thrill-seeking visitors, the exhilaration can quickly morph into terror.
These mechanical marvels leave little room for error. With thousands of stationary and moving parts, amusement rides are intricate structures that must operate with flawless precision. At the dizzying heights and breathtaking speeds these rides achieve, even the tiniest oversight can have catastrophic consequences. If you’ve been injured at an amusement park, Rosenberg & Rodrigeuz can help. Contact our NYC amusement park accident lawyers now for a free consultation to learn more about how we can help.
Liability For Amusement Park Accidents
Accidents at theme parks can be a chaotic mix of confusion, pain, and fear. As you buckle up, you anticipate a few exhilarating minutes of safe and enjoyable fun. However, those few minutes can stretch into what feels like an eternity when you realize that something is amiss. In some cases, these moments become filled with unbearable pain and a genuine fear for your life.
In the aftermath of an amusement ride accident, it can be challenging to pinpoint the root cause. Was it due to an employee’s negligence in operating the ride? Or was there a flaw in the structure itself? These questions are crucial, and seeking the guidance of an NYC amusement park accident lawyer can provide clarity amidst the chaos. We can help you navigate through the complexities and determine who may be held responsible for the resulting damages. Below are a few examples of potential parties who may be held liable for the aftermath of an accident:
Even the safest rides can turn deadly when operated improperly. Amusement parks must prioritize meticulous maintenance and operation of their attractions. While manufacturers may construct rides that meet the highest safety standards, a park’s failure to inspect and maintain them can transform a safe attraction into a perilous one.
Companies can be held accountable if they neglect safety precautions related to ride operation. Negligence encompasses failure to inform guests about ride nature and risks, inadequate employee training, and insufficient instructions on how to ride safely. Theme parks are also typically liable for their employees’ actions. These examples fall under the legal theory of negligence, meaning that amusement parks could face liability if guests are affected by such scenarios.
Injuries can occur when amusement parks fail to adhere to their own safety protocols or those set by ride manufacturers. For instance, a water flume rapidly descending into a pool of water requires a specific water level to effectively absorb impact. Maintaining the water level is the responsibility of the amusement park. If park employees neglect this, riders may experience significantly higher energy levels, leading to serious or even catastrophic injuries.
Amusement rides operate at high speeds and heights where even the slightest manufacturing error can result in tragedy. Regrettably, the designers and assemblers of these rides do not always exercise the utmost caution required to ensure passenger safety. It is the manufacturer’s responsibility to guarantee the complete safety of their product and adhere to the safety guidelines established by the ASTM F24 Committee. If you were involved in an accident where ride components failed to perform as expected, it is possible that the manufacturer could be held accountable.
When visiting a theme park with your loved ones, you place your trust in the park’s ability to provide a safe and enjoyable experience. Unfortunately, this isn’t always the reality. If the park fails to maintain its premises properly, it can pose a risk to guests. This may include hazards like unmarked wet floors that can lead to slips and falls, or even the danger of electrocution from exposed electrical wiring. It is the responsibility of the amusement park to prioritize your safety, and should they fail to fulfill this duty, they may be held liable.
Understanding Amusement Park Accident Law
Theme parks, as large corporate entities, diligently prepare for accidents with robust legal support. Their legal teams may contend that riders assume the risks inherent in participating in potentially hazardous activities like amusement rides. The strength of this argument varies by state, depending on whether it follows a contributory negligence or comparative negligence framework. For example, in New Jersey, a contributory negligence state, victims must bear less responsibility for an accident than the company to obtain compensation for damages.
In New York, the comparative negligence law safeguards passengers, even if they are deemed up to 99% at fault for an accident. These intricacies can be bewildering in the aftermath of an incident, but rest assured, you are not alone. An adept NYC amusement park accident lawyer, well-versed in confronting corporate giants, can provide expert guidance on the legal aspects.
Common Causes Of Amusement Park Accidents
When enjoying an attraction safely, it’s easy to overlook the intricate steps that unfold during the ride. However, it’s important to recognize that operating an attraction involves a meticulous process that repeats itself countless times each day. This process encompasses numerous variables that, if not properly managed, could potentially jeopardize the safety of the ride. Unfortunately, passengers often remain unaware of any issues until it’s too late, finding themselves trapped in a terrifying experience from which they cannot escape. Some common causes of amusement ride accidents include:
Those in charge of operating amusement rides have a direct responsibility to ensure the safety and well-being of all riders. They work closely with guests, ensuring that each rider is physically capable of participating, adequately prepared, and securely fastened before operating the ride using various controls. It is crucial for operators to undergo comprehensive training in safety procedures.
The primary focus of these operators is to load attractions in a safe and appropriate manner, ensuring that all passengers are securely fastened. They also take measures to minimize any potential hazards, such as loose items that could potentially harm guests. Furthermore, they diligently inform riders about the necessary safety guidelines.
These employees play a critical role in safeguarding guests from potential dangers, making their position vital for ensuring rider safety. However, it is important to acknowledge that individual employees may perform the same tasks repeatedly during a shift. As a result, there is a possibility that exhausted or complacent employees may inadvertently overlook key details in their procedures, potentially leading to injuries or even fatalities among unsuspecting guests.
Mechanical failure is a nightmare scenario for many riders who board amusement park rides. Instances like safety restraints releasing mid-ride, ride cars detaching, malfunctioning brakes, or cables snapping can lead to catastrophic accidents. These incidents have turned what should have been joyful memories into tragic events, causing injuries, even fatalities, and leaving lasting trauma for survivors and witnesses.
Negligence on the part of manufacturers, whether in the design process or physical assembly of ride components, could be to blame for these malfunctions if they failed to meet safety standards. Furthermore, amusement parks themselves are often at fault for failing to properly maintain their rides, allowing inevitable wear and tear to compromise rider safety. The gradual deterioration of amusement ride mechanics poses a grave risk to riders who trust that amusement parks are secure havens for entertainment. Regrettably, there are occasions when theme parks exploit this trust, needlessly endangering their guests.
It is of utmost importance for visitors at theme parks to carefully heed the instructions and warnings provided by park authorities before embarking on any ride. Regrettably, some individuals negligently disregard the need to remain vigilant when presented with vital safety information, while others outright defy the explicit instructions provided to ensure the well-being and security of all riders.
Engaging in prohibited behaviors such as standing up, extending limbs beyond the ride cars, tossing objects outside of the ride vehicle, trespassing into restricted zones, or deliberately undoing safety restraints not only endangers riders but also poses a threat to innocent bystanders. An act of defiance in the guise of humor can ultimately hold park attendees accountable for causing injury or even the loss of life to another individual.
Injuries from Theme Park Accidents
Amusement parks are meant to provide pure amusement. However, a visit to a theme park can result in far more than expected, including severe injury or even death. According to the National Electronic Injury Surveillance System (NEISS), emergency rooms have treated an estimated 186,376 injuries from amusement park rides in the past five years. Some potential injuries that can occur as a result of an amusement ride accident include:
- Musculoskeletal injury
- Traumatic brain injury
- Full-body or partial paralysis
- Bone fractures
- Severed limbs or extremities
- Post-traumatic stress
- Depression or anxiety
- Loss of quality of life and mobility
Contact Our NYC Amusement Park Accident Lawyers Now
If you or a loved one has been injured in an accident that occurred at a theme park, you may be entitled to financial compensation. Our experienced NYC amusement park accident lawyers at Rosenberg & Rodriguez are here to fight for you. Contact our office now for a free consultation and learn more about how we can help.