Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
While amusement parks provide family fun, they can, unfortunately, be very dangerous. When you bring your children to a theme park or fair, you probably assume the facility is doing everything it can to ensure your child’s safety. If a theme facility accident has left you or a loved one harmed, our team of Toledo amusement park injury lawyers stands ready to help.
The law regarding injuries in these areas can be complex. Factual circumstances vary greatly, and an expert attorney can be your advocate in these potentially complicated cases.
Injuries can occur in a theme park as the result of a defective ride, operator negligence, or dangerous conditions like slippery walkways. Park owners have a general duty to keep rides safe with thorough inspection and maintenance as well as providing adequate warnings and proper instructions to riders. An experienced amusement park injury legal advisor in Toledo could help evaluate the legal liability of a facility owner or the manufacturer of a ride.
Personal injury can occur as the result of an employee’s failure to exercise caution in the maintenance or operation of a ride: for example if an operator does not adequately secure a guest on a roller coaster ride. Poorly trained or monitored employees may also fail to maintain equipment adequately.
Ohio law outlines the specific duties of a park owner and imposes a duty of care on riders that requires them to “heed all written warnings” and “refrain from behaving or acting in any manner that may cause injury.” The court would first examine what duty was owed by the property owner and then determine whether they violated that obligation, directly causing injuries as a result.
Absent any negligence on the part of the park owner or an employee, an accident could be caused by a defective ride, perhaps due to broken components or even design flaws. In these cases, a Toledo attorney familiar with amusement park accident claims would have to prove that the ride was “inherently dangerous” or that the manufacturer should have used an alternate design. Product liability cases can be complicated and often require expert testimony, so legal guidance could be imperative to filing a claim against the creator of a ride.
Whether a case of negligence or product liability, an injured party in Ohio must bring a lawsuit within two years of the date of the accident. The plaintiff must then prove liability and determine damages. Damages refer to the compensation sought for the losses suffered due to a person’s injuries.
Evidence of both parts of the case, liability and damages, would include documents, photographs or videos, and testimony. A lawyer could bring in medical records, inspection reports, and pictures of the site, to strengthen a plaintiff’s case. They may also invoke the testimony of factual witnesses as well as medical professionals and experts regarding the injuries or an unsafe condition.
Amusement park injuries may range from broken bones to severe disability or even death. Compensation will vary depending on the injuries but may include medical expenses, past and future lost wages, the cost of caregiving if needed, and pain and suffering, as well as other consequential damages. In wrongful death cases, damages could include a lifetime of income a person would have earned that they are no longer able to. A personal injury legal representative knows what evidence would best support the damages a plaintiff is seeking to recover.
If a fun outing becomes traumatic for you or your family, our team of Toledo amusement park injury lawyers knows the next steps and can support you through the process. Let a dedicated attorney guide you in the personal injury lawsuit process and help you recover relief, call today.
Charles E. Boyk Law Offices, LLC