We love our theme parks here in California, but if you get injured at one, you need to know what to do. You might be able to hold the park liable for your injuries and losses. Under California law, the owners and operators of amusement parks or theme parks have a legal duty to maintain the property in a reasonably safe condition for guests.
A person cannot sue a theme park for every injury that happens on the premises. If the park or an employee caused the injury due to negligence or a dangerous condition, a California personal injury attorney could help you go after compensation for your damages. Let’s talk about what happens if I am injured at a theme park.
What is a Dangerous Condition at an Amusement Park?
California law requires that theme park owners and operators protect the visiting public by following state and local safety regulations, repairing dangerous conditions, maintaining the property so that it stays in a safe condition, and warning visitors about known hazardous features of the property.
When a theme park falls into disrepair, you might start to see problems like these:
- Ride restraints and handrails are broken or wobbly.
- Food and beverages get spilled in dining areas and do not get cleaned up within a reasonable time.
- Seating is broken or will not hold a reasonable weight.
- Carpeting becomes torn and frayed.
- The lighting system includes dim or broken lightbulbs.
- The concrete and sidewalks become broken and uneven.
Putting up signs warning patrons that they are assuming the risk of injury in a poorly maintained theme park does not absolve the owner from liability.
What You Have to Prove in a Theme Park Premises Liability Injury Case
As with any other negligence case, you will have to prove multiple factors to hold the defendant liable for the harm you suffer. You will have to provide evidence of all of these elements of liability:
- The party you sue (the defendant) owned, rented, or occupied the property. Let’s say that the defendant is the owner of the theme park.
- The defendant used or maintained the property in a negligent manner. In our scenario, the theme park did not employ enough skilled mechanics to inspect all of the rides regularly to find and repair broken or worn parts.
- The negligence caused or contributed to the accident that injured you. The failure to hire a sufficient number of ride inspection personnel led to the failure of a section of the wooden support structure for an old-fashioned roller coaster ride, causing several roller coaster carts to plunge to the ground below.
- You have quantifiable damages from the accident. You suffered several fractured vertebrae in the roller coaster accident.
When we can prove all four of these factors of liability, we can pursue a claim for compensation against the owner of the theme park.
Typically, large corporations own theme parks in California. You do not want to take on a large corporation by yourself. A California personal injury attorney can advocate for you so that you can focus on recuperating from your injuries. Get in touch with our office today, we gladly offer a free consultation.