Theme Park Accident Attorneys

What Theme Park Accident Attorneys Look For

Before deciding whether or not they will represent a particular case, accident and personal injury attorneys who take on theme park cases look for several key factors, including:

• Nature of Injuries: Very minor, nonrecurring injuries that do not leave the victim with lasting damage such as scars or disabilities may not be worth complicated lawsuits. Debilitating injuries or those that cause continued medical hardship, as well as wrongful death suits, do require experienced legal representation.
• Accident Causes: If an accident that results in an injury was clearly caused by the rider’s actions or inattention, reputable attorneys may advise individuals not to pursue a lawsuit. At the same time, many injury cases are extremely complex and the issues of fault, negligence, adequate maintenance, and other potential accident causes may need to be examined.
• Degree of Fault: If the accident was caused both by the rider and the park or operating company of the ride, the exact degree of which party was at fault is a consideration for how successful a lawsuit may be.
• Emotional Distress: Some states allow claims based solely on emotional distress, while other states do not permit emotional distress to be part of a lawsuit unless physical injuries are also present.

Reputable accident attorneys will not counsel their clients to sue amusement parks for more money than they are rightfully entitled to, and they will evaluate whether or not a case has good potential for success compared to the costs necessary to gather evidence. Park guests who feel pressured by an attorney should not engage their services without first seeking additional consultations from other qualified legal professionals.

Do You Need An Attorney?

Hundreds of visitors are injured at theme and amusement parks each year, from small bumps and bruises to slip and fall accidents, broken bones, strained backs, head injuries, and food poisoning. Only a small percentage of those injuries are debilitating, however, and many claims would not be upheld by a court. While guests who were injured may rightfully feel indignation, frustration, and anger at the amusement park, those emotions do not necessarily indicate the need for an attorney’s services. When considering whether or not to pursue a lawsuit, injured guests should think about the following questions.

• Is there any lasting or permanent injury? Ongoing medical expenses can quickly add up and may be covered in a successful lawsuit.
• Have any wages been lost? Missed work due to injury can make a lawsuit stronger.
• Is there any property damage? While a park’s liability for damaged possessions is limited, property damage can help make a case stronger if other factors are involved.
• Were other individuals injured? Multiple plaintiffs can pool resources, evidence, and claims for a stronger lawsuit.
• Was I at fault? If the rider or person injured was behaving in an irresponsible, reckless fashion, their claim against the park will be drastically weakened.

Personal injury experience is a must for theme park cases.

Finding the Right Attorney

Theme park accident attorneys can be found in nearly every state, though California, Ohio, Pennsylvania, and Florida have a greater number of experienced attorneys simply because those states have a larger number of operating amusement parks. When looking for an attorney, however, a potential plaintiff should look for more than just an impressive name or a fancy office. Characteristics that can be especially valuable include:

• Experience: Ideally, the attorney will have successfully challenged amusement parks recently, including the park in question.
• Similar Claims: If the attorney has filed similar claims in the past, they will be more familiar with how a theme park investigation must proceed.
• Comfort: A client should be comfortable with their personal injury attorney. Testimony and evidence may become extremely personal and emotional, and a good attorney can help ease the process.

Dos and Don’ts of Legal Claims

Guests who have been injured at an amusement park should follow this list of basic dos and don’ts to protect their legal integrity as they consult with an experienced attorney.

Do:

• Seek medical attention for injuries immediately and keep records of treatments and doctor recommendations.
• Cooperate fully with police and emergency officials, including providing contact information.
• Record the names and addresses of potential witnesses and other victims.
• Photograph injuries, accident sites, property damage, and other relevant scenes.
• Keep ticket stubs, park receipts, and medical records.
• Ask for a copy of the park’s official incident report and any related police reports.
• File a case as quickly as possible.

Don’t:

• Act belligerently toward park personnel.
• Dispose of potential evidence such as damaged property or bloody clothes.
• Discuss issues of fault with anyone. Even casual statements such as “I was so stupid” could be recorded and repeated as an admission of fault.
• Sign settlement waivers without carefully reading them and discussing them with an experienced attorney.

There are hundreds of amusement parks, traveling fairs, and local carnivals throughout the country that entertain millions of guests each year. While accidents are rare, they can be devastating and individuals who have been involved in an accident may want to seek the advice of theme park accident attorneys to investigate whether or not a lawsuit would be in their best interest.