Amusement parks are a favorite pastime for children, young adults, and families. In fact, in 2019, major theme parks had half a billion visitors worldwide. Theme park attendees often picture their time to be filled with fun, excitement, and laughter. But when a roller coaster malfunctions or breaks down, causing an injury, who is liable?
Setareh Law is an award-winning California law firm with experience helping victims of roller coaster accidents. If you have taken a ride on a roller coaster at a California amusement park that resulted in an injury, if you wish to file an injury claim, it is important to know who is liable for the accident according to California’s law.
Can I Sue the Amusement Park Following a Roller Coaster Injury?
Following a roller coaster accident that results in an injury, the amusement park may be held liable for the victim’s damages. A victim of a roller coaster injury may file a personal injury claim against the amusement park in pursuit of compensation.
An owner of an amusement park has a legal responsibility to park guests to provide a safe environment for them. However, the liability may not fall entirely on the amusement park. Additionally, roller coaster designers also have a legal responsibility to ensure their rides are not defective or dangerous. Following your injuries, an experienced roller coaster injury attorney may be able to help you file a claim against both the amusement park and the roller coaster designer or manufacturer.
How to Prove Negligence for a Roller Coaster Injury Claim
In California, individuals or companies have a duty of care to make sure that guests who ride on roller coasters are safe. If that duty of care is breached, they may be liable for negligence. To help build your roller coaster injury claim, you need to prove that the following negligent acts occurred:
- The individual or company owed you a duty of care
- Their breach of the duty of care was the cause of your injury
- You suffered damages as a result of their negligence
An experienced roller coaster injury attorney may be able to help you obtain the evidence needed to prove the negligence of the at-fault party.
Common Causes of California Roller Coaster Accidents
Roller coasters are supposed to be thrilling and exciting for amusement park guests, but when an accident occurs, the fun suddenly stops. Some common causes of roller coaster accidents include:
When an employee acts negligently while operating a roller coaster, they may cause an accident. Whether the employee was improperly trained or was not paying attention to their duties while operating the roller coaster, both the employee and the employer may be liable for the accident.
Dangerous Conditions at the Park
Owners of amusement parks have a legal duty to keep the grounds reasonably safe for guests. Some examples of dangerous conditions that may cause a roller coaster accident include:
- Owners did not repair dangerous or malfunctioning rides
- State and local safety regulations were not adhered to
- No steps were taken to warn guests about known hazards
Defective Roller Coaster
Some examples of what a defective roller coaster liability claim may be based on are:
- Manufacturing defects
- Design defects
- Lack of or inadequate warnings
California Roller Coaster Injury Attorneys Are Here to Help
After being injured on a roller coaster, you may be confused about who should be held liable for the accident. As you recover from your injuries, you may want to partner with an experienced roller coaster injury attorney who may be able to help you with your personal injury claim.
Setareh Law is an award-winning legal team with experience helping victims of California roller coaster accidents. With over 13 years of experience serving clients, our seasoned legal team will provide you dedicated representation and personalized service. For a free consultation, contact us here or call (310) 659-1826.