When an individual goes to an amusement park, he or she expects to have a day filled with fun and excitement. However, a carefree day may quickly turn to misery for those who are hurt because of amusement park negligence. In an instant, you could suffer injuries that may take months or years to recover from assuming that you ever heal completely. However, injured victims may be able to pursue a personal injury case against the amusement park to receive just compensation.
Understanding Duty of Care
The law states that those who own or operate an amusement park have a duty of care to all of their invited guests. If you bought a ticket or were otherwise admitted to the park, you are considered to be an invited guest by legal standards. Therefore, it is the responsibility of the owner of the amusement park to take precautionary measures for any potential hazards that they know about or should have known about. Employees may also be responsible for maintaining that duty of care owed to park guests.
Proving the Amusement Park Was Negligent
To win compensation for injuries suffered at an amusement park, it is necessary to prove that the park was negligent. This may be established in a number of ways, such as showing that there were prior accidents on a given ride or that the park staff failed to inspect the rides on a regular basis. If the employee responsible for operating a given ride did so while drunk or otherwise impaired, that may also establish the park’s negligence.
What Types of Compensation Are Available In a Personal Injury Case?
There are several types of compensation that may be available as part of a personal injury case. First, those who are injured in an accident may be entitled to the cost of their medical bills and related costs. This might include the cost of a hospital visit, tests or surgery to repair broken bones or other bodily injury. It may also include the cost of crutches, a wheelchair or physical therapy after the accident.
Injured victims may also be entitled to compensation for lost wages and lost future earnings if they are unable to return to work. If a minor is injured, his or her parents may negotiate a settlement that provides for lost earnings if an injury impairs his or her ability to find a job as an adult.
Punitive damages may also be included in any settlement or jury award. This is an award on top of actual or other damages that holds the venue’s owner generally responsible for their negligence. In the event that an individual dies, compensation may be provided for final expenses.
Those who have been hurt in an accident at an amusement park or another public venue should consult with an Milwaukee WI personal injury lawyer as soon as possible. Doing so will likely make it easier to preserve the victim’s rights and ensure that he or she is able to hold the venue’s owner responsible for the negligence that caused the injuries.
Thanks to our friends and contributors from Hickey & Turim, S.C. for their insight into personal injury practice