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Sunday, July 13, 2014

Amusement Park Liability?

Yesterday we discussed the tragic mishap that caused a tourist from Britain to lose parts of two fingers while not obeying the ride rules at Disney World. If you missed it, you can find the blog post here. No one visits an amusement park with the intention of being injured. We attend amusement parks to spend time with our friends and family...and to have a lot of fun!

Are amusement parks ever liable for injuries that occur on their rides or on their property? The short answer is yes. Of course, not every thing that happens will result in a successful claim in a court of law. Each individual potential claim should be discussed with a licensed and knowledgeable attorney in your state. Every state has different laws in reference to negligence, tort law, and even statute of limitations (the time limit you have to file a claim). Some states even cap the amount of money that can be recovered in damages. That is why it is so very important to speak with an attorney in your area that specializes in personal injury.

Here are the two most common causes of action that result from amusement park accidents:

  • Negligence - There are particular elements that must be met in order to have a successful claim of negligence. In some states, the jury (or the judge) can look at how much responsibility they believe the Plaintiff had in the actions that caused an injury. Examples of negligent acts in an amusement park may include failing to properly maintain a ride or not keeping a walking area as safe as they reasonably can keep it. 
  • Product liability - There are several different areas that can make up a product liability case. The main example when discussing amusement park liability is if the design of a ride is dangerous. That is known as a design defect. 
Monday, July 14, 2014 at 10:00 AM EST we will be discussing the Disney World ride injury and other recent business law developments. Make sure that you join us. You can also subscribe through iTunes by using the button on the right side of this page. Call in and give us your opinion and ask questions. 


If you would like more information about this topic or have general legal questions, please feel free to contact me at (973)949-3770 or via email at plamont@peterlamontesq.com We answer legal questions on a daily basis and would be happy to discuss any issues or questions that you have with you.  Offices in: New Jersey New York, Colorado & Puerto Rico.  Affiliated throughout the country.

© 2014, Law Offices of Peter J. Lamont. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.
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