An amusement park accident or and theme park accident can be scary The rides that these business establishments have are exciting and sometimes dangerous.It is the danger element that is frequently inadequately accounted for reports injury attorney Brien Roche.
Injury Attorney-Causes of amusement park accidents:
- Poor maintenance
- Malfunctioning restraints
- Missing safety equipment
- Mechanical failure
- Operator error
- Inappropriate supervision
- Defective design
Liability claims relating to Virginia and Maryland amusement park injuries can be complicated because they involve different areas of tort law. They can involve product defects, they can involve premises defects and they can involve general tort law.
The highly lucrative and competitive industry that runs amusement parks, theme parks and other permanent amusement locations is not regulated by the federal government. The American Society for Testing and Materials (ASTM) has published certain standards that apply to amusement rides. Those standards, however, are voluntary. Rides at many of the operations are operated by low wage workers. As such, finding evidence to support a potential negligent hiring or training claim may not be difficult. If there is to be an argument to be made that the amusement park should be held to the heightened duty of a common carrier, then that certainly is something that should be alleged as part of any claim.
In handling claims of this nature it is important to notify the amusement company promptly of the potential claim before the ride or device is altered in any way.
In terms of potential expert witnesses in order to prove the claim, it may be necessary to retain the service of a bio-mechanical engineer or similar expert to analyze the forces exerted on the human body in regards to this ride. In addition, it may be necessary to retain an industry expert to establish the proper standard of care in regards to the operation and maintenance of the ride.
Call, or contact us using the form on this page today for a free consultation. Brien Roche is a respected Fairfax area premises liability attorney and can help with your litigation needs.
See amusement parks for a review of Virginia case law on this subject.