What Legal Rights Are Available to Those Injured in West Virginia Amusement Parks?

Accidents are called such because they occur unexpectedly and without prior intention. No one expects that pool floors can be slippery or that the amusement park bench has some peanut butter rubbed on it, causing your wards to kick-start their allergy reactions. It might be the last thing on your mind, but it happens, and one needs to handle it.

Every day at amusement parks, there are a few accidents that range from major to minor. If you have ever been affected and you want to invoke your legal rights on the matter, then this is just the article for you.

Some Statistics on Amusement Park Accidents in the USA

According to data from way back in 2021, there were close to 1300 injuries from accidents in amusement parks in the United States. Data from the International Association of Amusement Park and Attractions highlights that the chances of getting injured in an amusement park is about 1 in 16 million.

Yet, a CPSC study uncovered that more than 30,000 injuries caused by amusement park rides were treated in emergency rooms annually between 2014 and 2018. “When there is a contrast between data and reality, citing that data is just for estimation; the real world records many more figures than that,” says personal injury attorney Geoff Brown of Bordas and Bordas Attorneys, PLLC.

Legal Rights and Liability in West Virginia

Here are some legal rights and liabilities you should be aware of in the event that you or someone you know is involved in an amusement park accident:

Premises Liability

Amusement parks are expected to provide safe premises for their clients. If you can prove that the injury resulted from the parking area being unsafe, then you can file for a premises liability claim. You must prove that:

• The park knew about the hazard
• The park refused to fix or inform you about the hazard
• The hazard injured you

Negligence

Negligence can be inferred when the amusement park staff does not fulfill reasonable care, which then leads to an injury. However, you can only prove negligence if you can show the following:

• That you suffered damages, either financially or emotionally
• That the park did not fulfill its duty to provide a safe environment
• That the action or inaction led to your injury
• That the park, either by action or inaction, did not perform its duties

Product Liability

If the ride that caused your injury can be proved to have malfunctioned, you can file for a product liability claim. However, as always, you need to prove that:

• The ride was defective;
• You were using the ride as instructed, and;
• The proven defect caused your injury.

What Are the Common Accident Causes in Amusement Parks?

The most common causes of amusement park accidents are:

• Untrained amusement park staff

Untrained personnel handling the rides could easily cause accidents due to their lack of knowledge. They could also fail to check people who have used seat belts or are sitting wrongly.

• Nature of ride

Sometimes the nature of the ride in itself could be a factor for accidents. Apart from mechanical errors, the ride could have a flashing light mechanism that can induce seizures in a customer.

• Basic rider error

Not all park riders are caused by ride manufacturers and park owners. Some clients, seeking to increase the thrill of the experience, make mistakes that could cause bodily harm or sometimes death.

What Are the Most Likely Injuries One Can Get At Amusement Parks in West Virginia?

Here are some of the injuries that can be sustained at amusement rides:

• Burns and bruises from drags and bumps.
• Broken bones and tissue damage caused by severe bumps.
• Head or neck tweaks such as whiplash. These can be caused by sharp turns and spins.
• Stroke or seizures from bright lights and extreme neck pressure.
• Brain injuries caused by high-speed rides.
• Death or serious injury from falling off a ride.

Conclusion

There are many types of accidents that can happen at an amusement park and many types of injuries one can receive from this environment. If you have suffered an injury of any sort while riding in an amusement park, and you think you have some legal rights, you should hire a personal injury lawyer and file a claim.