Can You File a Lawsuit for Injuries Sustained at an Amusement Park?
When we pack the family into the car to go to an amusement park, the last thing on our minds is getting hurt. Theme parks should be safe. They test the rides over and over again to make sure they’re safe. How could anything go wrong?
There’s nothing like a fun day in the sun with your family. You wait in line forever to go on a 30 second ride. But who could blame you? It’s fun – it’s thrilling. You can hardly tell your kids that they can’t go on the rides like the other kids.
So, what happens when one of your children get hurt on one of the rides? Thankfully, most injuries sustained on rides are minor. They may get a cut or bruise. They may even end up with a broken bone or two.
Some amusement park accidents are so serious that your child could sustain serious injuries. If this happens, you need to call a personal injury attorney in Houston, Texas.
Your Personal Injury Attorney in Houston Has Handled Cases Like This Before
As horrible as you may feel seeing your child get hurt, it’s not the first time your attorney has seen it. They have handed dozens of cases just like yours in the past. They know what it takes to get you the compensation you deserve.
Some of the injuries you may sustain in an amusement park accident include:
- Broken bones
- Facial disfigurement
- Burns and lacerations
- Traumatic brain injuries
- Back and neck injuries
- Internal injuries
This could happen from a ride malfunctioning. It could happen if you get hit by a golf cart belonging to the park. There is any number of ways in which you can get hurt.
Your Personal Injury Attorney in Houston Will File a Claim Against All Potential Defendants
If you or your child are hurt while at an amusement park, you have legal recourse. There are several parties you’ll have to pursue to make sure you recover damages for your injuries:
- Amusement park owner
- Management of the park
- Mechanics who service the rides
- Third parties who cause the accident
- Insurance companies
Some or all of these defendants may be held liable for your injuries. It depends on the circumstances of your case. Because you’re not sure who may he held responsible, you need to name all possible defendants. Your personal injury attorney in Houston will make sure this happens.
Can the Amusement Park Claim You Were at Fault?
If you’re injured while at an amusement park, they may claim that you’re comparatively negligent. This means that you’re partially at fault for your accident. Some companies may even argue that you are 100% at fault because you assumed the risk.
Some of the defenses that the amusement park owners may raise include:
- Comparative negligence: In Texas, if you’re partially responsible for your accident, your award for damages will be reduced. They will reduce the amount by whatever percent you were at fault. So, let’s say you were going to receive $100,000 in damages but were held to be 20% at fault. Your award will be reduced by $20,000.
- Assumption of risk: Amusement parks are famous for claiming the defense of assumption of risk. This means that, since you know amusement parks can be dangerous, you waived any claims against the defendant. The courts hate to hear arguments like this. However, in the case of an amusement park, it may be effective. Your personal injury attorney in Houston will fight to make sure this defense doesn’t hold up.
- Pre-existing conditions: If the defendant can prove that you had similar injuries prior to your amusement park accident, you may be barred from recovery. They would need pretty certain proof of this fact. It would be difficult for them to use this defense.
Contact a Personal Injury Attorney in Houston, Texas Today
If you or your child have been injured in an amusement park accident, you need a personal injury attorney in Houston. Your lawyer will fight to get you the compensation you deserve. Call and schedule your free initial consultation today.
At your consultation, you can ask your attorney any questions you may have. He can also let you know what your case may be worth. He’ll reach out to the defendant’s attorney and try to settle your case.
The consultation is free and you pay nothing until you settle your case. Give the attorneys at McDonald Worley a call today.