Plaintiff - Proving Fault in Personal Injury Actions
Several causes of action are typically available to an amusement park patron injured on a ride. Evidence that the patron was not properly secured in a ride, or that the amusement company failed to properly maintain or operate the ride, should support an allegation of general negligence. Rides are typically operated by low-wage workers, so finding evidence to support a negligent hiring or training claim is not unusual. Some states hold amusement parks to the heightened duty of common carriers. Common carriers typically are engaged in the business of transporting the public, or its property, and have a duty to exercise the utmost diligence, skill, and foresight to provide for passengers’ safety. You should determine whether the relevant jurisdiction recognizes amusement parks as common carriers, and if it does, you should assert claims based on this heightened duty. …show more content…
Patrons are generally considered invitees, triggering the highest premises-related duties on the part of the amusement company in most states. There may be evidence, for instance in this case Knott’s Berry Farm amusement park knew of previous problems with “Steel Force” ride. Even after that incident they chose not to put clear signs.
There are local, state, and federal laws that mandate that amusement parks follow maintenance guidelines and conduct certain safety inspections. Additionally, amusement parks are required to create height limits for various rides, warn patrons of potential dangers, and have stringent training standards for ride