As the number of amusement parks increases, the amount of people injured in these parks is also increasing. When such cases happen, the foremost question that arises is – who is liable for the injury? Is it the guest or the amusement park is at fault?
When someone is injured at an amusement park because of the negligence of the property owner, filing a lawsuit against the amusement park is a reasonable course of action. In such a case, laws of premises liability are applied.
An attorney associated with a reputable law firm such as The Benenati Law Firm can help you claim damages from an amusement park in case the injury inferred on you was because of the negligence on part of the amusement park.
What is premises liability?
Premises liability is a legal term used to refer to certain types of personal injury cases in which the complainant’s injury was caused by unsafe conditions on someone’s property. These type of cases may include slip and fall, inadequate maintenance of the premises, defective conditions on the premises and so on.
If a person is injured in a slip and fall incident in an amusement park due to the negligence of the property owner, holding them responsible and pursuing compensation for damages is a reasonable action. In a nutshell, premises liability is based on negligent conduct that causes injuries that should reasonably be compensated.
The plaintiff can be a trespasser or an invitee
An invitee is someone who paid a fee to enter the amusement park and the definition of a trespasser is self-explanatory. In the context of an amusement park, a trespasser is someone who admits themselves in the park when it is closed. An invitee becomes a trespasser when they go to some part of the amusement park which is forbidden or off-limits.
It is the duty of the defendant to maintain the safety of all people that enter the park. If the defendant is aware of a hazardous situation or condition in the amusement park, it is the defendant’s duty to convey the same to the plaintiffs.
Failing to complete the duties can land the defendant in a lot of trouble. Such a case is called the breach of duty and the defendant becomes liable for injuries or damages to the plaintiff. A trespasser cannot sue the defendant because the defendant doesn’t have any duty towards the trespasser.
Duty of care applied to rides and other aspects of the amusement park
It is the duty of the defendant to make sure that the park has adequate restraints, safety instructions, well-maintained rides, frequent inspections, and supervision. If an injury occurred to a plaintiff because of the complete disregard of safety instructions, the defendant is not liable to pay any damages to the plaintiff. This is because the defendant has completed their duty of care and the mistake lies on the part of the plaintiff.
The defendant must have their premises free from any hidden dangers. This can be done either by putting warning signals or by fixing them completely. Warning signs near slippery surfaces, railing on steep stairs etc. are some things that the defendants must do in order to abide by their duty of care.