Sacramento Amusement Park Accident Attorneys

Accident and Injury Lawyers in Sacramento, California

Amusement parks, as well as county fairs, local carnivals, and other similar places are not only sources of enjoyment for a vast number of people, but also where a number of people can get hurt.  California has a number of amazing amusement parks that are some of the nation’s most popular tourist attractions, including Disneyland, SeaWorld, Six Flags Magic Mountain, Universal Studios, Pacific Park, San Diego Wild Animal Park, Hurricane Harbor, Waterworld, Raging Waters, and more. 

Unfortunately, many people who visit these amusement parks each and every day end up getting hurt because of the owner or operator’s negligence.  Many amusement park accidents occur at local carnivals and fairs and other short-term entertainment events, but even the more established amusement parks have been known to be negligent in one way or another, resulting in serious injury and sometimes even death.  The U.S. Consumer Product Safety Commission reported that in 2002, there were more than 5,000 amusement park-related injuries that had occurred.  An amusement park accident can occur for an array of reasons, including failure of park attendees to ensure that riders are safe, improper operation of rides (i.e., slamming brakes and abruptly stopping rides),  and failure to assemble, maintain or repair rides and equipment.  Hundreds of people each and every day are sent to emergency rooms with severe back, neck, and head injuries as a result of amusement park accidents. 

Unfortunately, there are not any U.S. laws or agencies in place that regulate amusement parks with regard to park safety procedures.  This makes amusement park accident liability an area of law that can be quite complex.  However, most states, including California, have laws that require amusement parks to take certain strict safety precautions.  If a park fails to follow these precautions, then there is a legal presumption that the amusement park operated negligently.  Potential defendants of amusement park cases can include not only the park owner and/or operator, but also the manufacturers and designers of rides and other equipment. 

When it comes to amusement park accident liability, there are three possible bases that need to be examined.  First comes negligence or lack of reasonable care.  Negligence can be established if a ride was not properly maintained or inspected regularly, and thus in an unsafe condition, or if the park or an employee of the park failed to provide proper warnings about the dangers of the ride, or if a park employee failed to give proper instructions regarding riding the ride or operated the ride in such a manner that a rider got hurt.  The second thing that is looked at when it comes to amusement park accidents is product liability.  Product liability may be established if a ride, even if properly maintained and inspected regularly, was just too dangerous and should not have been in use because it posed too much risk.  If a person is injured as a result of such a dangerous ride, then the injured person may be entitled to compensation from both the park and the manufacturer of the ride.  However, it must be proven hat the manufacturer could have used an alternative design or other parts that would have prevented the injury.  The third thing that is examined when it comes to such cases is premises liability.  Property owners are required to utilize reasonable care in the construction, management, and maintenance of all their facilities, including the grounds.  As with any business owner, property owners that operate or allow another entity to operate a carnival, fair, or amusement park on their property must ensure that the grounds are safe.