Theme Parks are an all time favourite place for families from around the world to visit. But one must understand the risks and its remedies associated with visiting a theme park. In this blog you will understand the potential liability of the theme park owner for injuries and losses suffered by you in your visit to the theme park.
In California, owners and operators of theme parks have a legal obligation and duty to maintain reasonable safety within their parks. However, you cannot file a case against the owner for every injury you might suffer. Therefore, it becomes essential to take advice from an attorney to have a successful case on your side.
Injured In A Theme Park: RISKS ASSOCIATED WITH A THEME PARK
Theme parks/ amusement parks generally have several structures which require constant repair and maintenance for efficient functioning. If not maintained properly, the theme park tends to face following problems: –
- Ride restraints and handrails are damaged
- Messed up restaurant areas with food and beverages getting spilled
- Based infrastructure including broken sitting areas, tables, washrooms etc.
- Outdated lightening
- Damaged flooring
- Broken and uneven sidewalks.
DUTY OF THEME PARK OWNER AND OPERATOR
California law requires a legal duty upon theme park owner and operator to maintain safety in their premises, which includes:
- Compulsorily follow state and local safety regulations;
- Repairing dangerous conditions;
- Maintaining the property so that it stays in a safe condition, and
- Warning visitors about known hazardous features of the property. However, giving warning does not itself give them immunity from liability.
ESSENTIALS OF PROVING A CASE OF LIABILITY IN A THEME PARK INJURY
To maintain a case against the owner and operator of a theme park and seek compensation for the injuries and losses you suffered, you need to prove the following essentials: –
- The defendant must be connected with the theme park i.e., he/she must own or have rented, or occupied the property;
- Negligence on the part of the defendant with respect to the theme park;
- Such negligence caused or contributed to the accident that injured you; and
- A Causal connection between the Park’s negligence and certain quantifiable damages caused by the incident.
CONCLUSION
As we discussed, if you want to know what happens when you get injured in a theme park and what remedies you have in such a case, reach out to me for a free case evaluation or answer any questions you may have.