Texas Amusement Park Accident Lawyers

What Are the Most Common Types of Amusement Park Accident Injuries?

Amusement park accidents can result in a wide range of injuries, from minor cuts and bruises to serious head and spinal cord injuries. The most common types of amusement park accident injuries include: whiplash, broken bones, lacerations, spinal cord injuries, traumatic brain injury (TBI), and internal organ damage. Other potential injuries include soft tissue damage, nerve damage, disfigurement or amputation of a limb.

• Whiplash: Whiplash is one of the most common types of injury associated with roller coasters and other thrill rides. It occurs when the neck is forcibly whipped backward and forward during the ride, resulting in muscle sprains and strains as well as possible disc herniations in the spine.
• Fractured Bones: Broken bones are also a common type of amusement park injury that can occur on high-speed rides or ones that involve sudden changes in direction or elevation. Joint injuries involving damage to cartilage and ligaments also often accompany these fractures, and sometimes require amputations.
• Lacerations: Lacerations are generally caused by sharp objects on the ride such as metal support beams or fast moving parts like those found on roller coasters. Soft tissue damage includes cuts from foreign objects, contusions from falling onto hard surfaces while riding a ride or being thrown off one due to malfunctioning safety restraints.
• Spine Injuries: Spinal cord injury can be caused by sudden deceleration forces associated with certain thrill rides such as roller coasters or mechanical bull rides.
• Brain Injuries: Traumatic brain injury (TBI) may occur when riders are severely jolted within their seats during certain rides with quick movements that cause their heads to rapidly move around without adequate protection from helmets or safety harnesses.
• Organ Damage: Internal organ damage can result from forceful impacts due to sudden drops or abrupt turns on rides that cause severe impact trauma to vital organs like the lungs or heart.
• Drowning: Drownings at amusement water parks are a sobering reminder of the potential dangers posed by these attractions. The US Consumer Product Safety Commission (CPSC) estimates that in 2018 alone, an average of four people per day died from drowning at swimming pools and other recreational water venues such as water parks.

If you or a loved one have been injured in an amusement park accident, call Thompson Law‘s Texas amusement park accident lawyers today for a FREE CASE REVIEW.

How Do You Determine Liability for Injuries at Amusement Parks?

The liability for injuries that occur at amusement parks can vary greatly depending on the circumstances of each individual incident. Generally, the park operators are responsible for ensuring the safety of guests by adequately maintaining and inspecting rides and providing proper training to ride operators. When accidents happen due to negligence or faulty equipment, park operators may be held liable for any resulting injuries or other damages.

In general, guests who suffer an injury while using a ride may be able to seek compensation from the park operator through a personal injury claim. However, some states have enacted their own laws that limit how much compensation people can receive from amusement parks in certain situations. For example, many states have passed “roller coaster loopholes” that absolve amusement parks from certain types of liability if it is deemed that riders assumed the risk by entering the park and using the rides.

In addition to legal claims, amusement parks may also be subject to fines or other penalties depending on any violations of state safety regulations or negligence that contributed to an accident occurring. Furthermore, some parks have put additional safety protocols into place such as height requirements, prohibiting loose items like jewelry or phones on certain rides, and enforcing seat belts/harnesses when necessary in order to reduce risks and provide greater protection for patrons.

Ultimately, it is important for both amusement park operators and riders alike to understand their roles in keeping everyone safe by following all instructions given while using rides and understanding any potential risks associated with them. Doing so can help reduce the likelihood of accidents occurring as well as limit a park’s legal liability should an accident occur despite its reasonable efforts at keeping its patrons safe.

If you were seriously injured in an amusement park accident, call our Texas amusement park accident lawyers for a FREE CONSULTATION.

Who Can Be Held Liable for Amusement Park Injuries?

The entities that can be held liable for injuries sustained at amusement parks typically include:

1. The amusement park
2. Ride operators
3. Maintenance companies
4. Manufacturers of the ride equipment
5. Owners of the property where the park is located

In cases involving negligence or improper operation of a ride by a park employee, the park may be held liable for any resulting injuries. The same is true if a manufacturer has provided defective equipment or inadequate instructions to properly assemble and operate a ride. Additionally, owners of the property can also be held liable if they have failed to ensure that their land is safe for guests. Our Texas amusement park accident lawyers can help you uncover what party or parties are liable for your injuries.

In some cases, more than one party may be found to share liability in an amusement park injury case. This means that each party will be responsible for paying their portion of any damages awarded to the injured party. The rules of joint liability vary by state and it is important to understand how your state handles these cases before filing a lawsuit.

In all amusement park accident cases, it is important to establish whether or not negligence was involved in order to determine who is liable for the injury sustained. Negligence occurs when an entity fails to exercise reasonable care under similar circumstances which then leads to harm or injury being caused. To prove negligence in an amusement park accident case, you must demonstrate that:

1. Duty:  The amusement park or other responsible parties owed you a duty of care;
2. Breach:  That duty was breached either through negligent action or inaction;
3. Causation:  You suffered an injury due to this breach; and,
4. Damages:  Your injury resulted in financial losses (such as medical bills).

If all four elements are established, then a court may find that the parties involved are responsible for any damages incurred as a result of their negligence. It is important to remember though that each state has its own specific rules regarding liability for amusement parks which should be taken into consideration when filing a lawsuit against those responsible for your injuries.

If you or a loved one suffered injuries at an amusement park, call our Texas amusement park accident lawyers for a FREE CONSULTATION.

What is the “Roller Coaster Loophole” for Amusement Parks?

The “Roller Coaster Loophole” is a legal loophole that allows amusement parks to escape liability for negligence when accidents occur. This loophole, which was established in the 1960s, states that patrons assume the risk of potential accidents when they enter an amusement park and use any of its rides. This means that if someone is injured due to a malfunctioning ride, the park is not legally responsible as it is assumed that any risks were accepted upon entry and use of the ride.

Park operators have used this loophole to avoid having to pay reparations for injuries or damages caused by faulty equipment or negligent employees. They are also allowed to set their own safety regulations and standards without having to meet any particular legal requirements. This has resulted in some parks operating with little regard for safety protocols or for properly maintaining their rides, leading to catastrophic accidents.

Thankfully, there have been efforts made by advocacy groups, lawmakers, and families affected by park accidents to limit the scope of the Roller Coaster Loophole so parks are held accountable for proper maintenance and safety standards. In turn, this has led to an increased emphasis on regular inspections, better training practices for employees, and more comprehensive safety regulations being enforced at amusement parks around the world.

Are Amusement Park Attractions Regulated?

Most amusement park attractions are regulated by local and state governments, as well as the U.S. Consumer Product Safety Commission (CPSC). These regulations are designed to ensure that rides and other attractions meet safety standards set out by the industry and government. Regulations typically include requirements such as regular maintenance checks, specific safety features for each type of ride, operator training, and maximum ride capacities.

At the federal level, amusement parks must comply with the CPSC’s General Safety Standard for Amusement Rides and Devices. This standard covers a wide range of topics related to attraction safety including design requirements, maintenance practices, emergency procedures, operating instructions, warnings/instructions to riders, inspection guidelines, and staff qualifications. It also requires all amusement parks in the United States to publicly report any injuries or fatalities resulting from an accident on their premises to the CPSC.

At a state level, most states have adopted similar regulations as those set out by the CPSC but may have additional measures in place based on their own specific needs or concerns. For example, some states require parks to provide attendants for certain rides or authorize specific inspectors to inspect ride equipment before it can be used by guests. However, the following nine states have no agency with oversight for amusement parks:

• Alabama
• Arizona
• Mississippi
• Montana
• Nevada
• North Dakota
• South Dakota
• Wyoming
• Utah

In addition to governmental regulations governing amusement parks and attractions there are also voluntary standards set by organizations such as ASTM International whose mission is “to promote safety through consensus standards development and use.” These standards cover everything from the design of amusement park attractions to operations procedures. They are widely accepted within the industry and help ensure that rides meet minimum safety criteria even when governmental regulation may be lacking in certain areas.

Call our Texas amusement park accident lawyers for a FREE CASE REVIEW if you or a loved one have been injured or was killed in an accident at an amusement park.

Amusement Park Accident Statistics

In the United States alone, an estimated 4,400 people are injured every year in amusement park accidents. In recent years, the number of reported and unreported injuries from amusement park rides has increased due to more people frequenting parks. Of these reported injuries, 48% involve children between 5 and 14 years old.

Between 1990 and 2004, 52 deaths were tied to amusement park rides and over 6,000 amusement ride-related injuries were treated in hospital emergency rooms across the United States. Amongst these reported injuries, 40% of the victims were children aged 5 to 14 years old. The most common type of injury was a sprain or strain (36%), followed by contusions or abrasions (18%).

Additionally, data from the Consumer Product Safety Commission found that 64 deaths occurred between 2010 and 2019 due to amusement park rides. The majority of these fatalities were caused by falling out of a ride (30%) or being struck by a moving part of a ride (25%).

Studies have also suggested that there are certain risk factors associated with certain types of rides that can increase the chance for an accident occurring such as speed, height/drops, type/design, maintenance/inspection status, and load capacity. Furthermore, inadequate safety procedures on behalf of operators or riders not following instructions correctly can also contribute to an accident.

Overall, while accidental deaths from amusement park rides are relatively rare compared to other forms of recreation such as driving or swimming pools; however it is still important for both operators and riders to be aware of potential risks when using these attractions in order to reduce their likelihood even further.

Call Thompson Law’s Texas amusement park accident lawyers for a FREE CASE REVIEW if you were hurt at an amusement park in Texas.

Contact Our Experienced Texas Amusement Park Accident Lawyers Today

Get a FREE CONSULT With Our Texas Amusement Park Accident Lawyers

If you or a loved one have been injured in an amusement park accident, contact experienced Texas amusement park accident attorneys for help. Our legal team has extensive experience representing victims of amusement park accidents and will fight for the maximum amount of compensation available in your case. We understand the physical, emotional, and financial challenges that come with amusement park accidents and will work tirelessly to get you the justice and compensation you deserve.

Our Texas amusement park accident lawyers are committed to personalized legal services tailored to your specific needs and will provide comprehensive representation from start to finish. Our attorneys have extensive knowledge of Texas law surrounding amusement park accidents including the “Roller Coaster Loophole” which can protect parks from having to pay reparations if they are found liable for negligence. By understanding this legislation, we can use it as a tool in our fight against large companies who fail to properly maintain their rides and meet safety standards.

Our team will conduct a thorough investigation into your claim including gathering evidence such as witness statements, ride inspection records, maintenance logs, employee training documents, and more. Additionally, we are prepared to take on any large corporations or entities responsible for your injuries and make sure they are held accountable for their negligence.

If you or someone you love has been injured due to an amusement park accident in Texas, don’t hesitate – contact Thompson Law today for a FREE CONSULTATION. Let us fight for the justice and compensation you deserve so that you can focus on recovering from your injuries without worry about financial strain.

The statute of limitations in Texas is 2 years in most injury accidents. Thus, if you have been injured in an amusement park accident, call Thompson Law and speak to our experienced Texas amusement park accident lawyers today for a no cost, no-obligation consultation. The sooner you know your options, the faster you’ll be on the path to recovery.