Lawsuits Related To Theme Park Accidents

The rules that apply to fixed site parks differ from the ones that apply to parks with mobile rides. That fact affects the nature of lawsuits that focus on an accident at a park with fixed rides. If such cases manage to showcase a high level of negligence, then there is a greater chance that at least some of them could come to the public’s attention.

Personal injury lawyer in North Bay knows that the possible claims by injured victim will be due to negligence on the part of the park’s owners and operators, or members of the park’s staff. It might be a product liability claim against the maker of a given ride.

Typical causes for a theme park accident

Mechanical failure

Improper operation of a ride

—Mistake made by an operator, such as causing a ride to stop suddenly
—Oversight by operators, such as failure to secure a rider’s safety harness

Passenger’s failure to follow directions
Effects on body of the rapid spinning that is associated with many rides

—It could cause headaches or dizziness
—It could cause loss of consciousness
—It could cause retinal hemorrhaging

The role of the Consumer Product Safety Commission

It regulates the operation of mobile rides, but not those at a fixed site.
Some states, but not all of them call for inspection of fixed site rides.

Do any lawsuits deal with an accident at a fixed site ride?

Yes, some of them do. However, those lawsuits that get covered by the media usually get initiated following suspicions of gross negligence.

A park owner could not argue that the injured rider had accepted a known risk, if the injury-linked accident had been caused by gross negligence.

What would be some examples of gross negligence?

A situation where the sign on a given rides states that each rider should have a minimum height or a maximum weight, and the operator does not point to the sign, when one or more of the riders is too short or too fat. In fact, the operator should not start the ride’s equipment, until every rider is safe.

A situation where a rider has struggled to hook the appropriate harness, and has sought help from an operator, but has not received it.

A situation where an operator has chosen to stop the ride’s equipment, when one or more of the riders happens to be in a precarious position.

A situation where an operator has been in a great hurry, and has chosen to cut short the safety presentation, the one that each of the riders is supposed to hear, before the ride’s movements have started. That action could cause some rider to try standing, while his or her seat continued to move forward or backward, or to move in a circular direction.