Posts Tagged ‘Dallas Premise Liability Lawyer’

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Who is Liable for Amusement Park Injuries?

July 23, 2009

If you are injured while on a ride at an amusement park, would you be able to hold the owner or manager of the park liable for your injuries?

An amusement park owner is not the insurer of the safety of patrons, but is required to take proper measures to remove safety hazards in the park that could cause injury, and to notify patrons if hazards do exist.

Safe Conditions: In maintaining a safe environment, an amusement park owner must routinely:
  • Ensure that all areas are in safe condition for patrons (from grounds and walkways to facilities and rides) See that all equipment is properly designed, built, and maintained;
  • Make sure any child entering a ride is of proper height and weight and old enough to understand and avoid the risks of a ride; or
  • Make sure elderly persons or people with obvious health conditions are warned about the ride’s risks before entering In most states, however, the owner’s duty and liability is diminished for trespassers, although posted warnings explaining the risks of entering a property may be required.
Evident Risks: An amusement park owner may not be responsible for evident risks associated with the proper use of a ride or participation in an event. The owner may not be held accountable if a patron became ill or was injured while:
  • Exiting a ride before it completely stopped, or before being advised to exit;
  • Failing to follow instructions or safety precautions;
  • Reacting to a frightening event, such as voluntary entry into a haunted house (as long as no defect in the ride caused the injury); or
  • Riding a roller coaster (which has an inherent risk of becoming ill) Routine Maintenance

An amusement park owner is responsible for thoroughly testing and inspecting all equipment on a regular basis.

Texas courts require owners to take the same care as most public transportation systems; however other courts require greater care. The amount of care required varies with each different ride.

The owner may be responsible for:

  • Any defect found during a regular inspection;
  • Negligence resulting from either a lack of care or failure to correct a defect that was discovered;
  • Neglect in maintaining safety devices, such as brakes, wheels, conveyor chains, or rails The owner may not be liable for manufacturer’s defects not apparent during regular inspections.

Many different circumstances may cause an amusement park accident. If you, a friend, or a family member, have suffered and injury due to the negligent behavior of the property owner or another party, you deserve compensation for your losses and suffering. It’s in your best interest to have an experienced premises liability attorney on your side.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Garland, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.