Amusement park accidents, while relatively rare, do happen. When they do, the consequences can be devastating, leaving victims not only with physical pain and emotional trauma, but mounting medical bills and a confusing legal landscape, too. If you’ve suffered injury in an amusement park accident in New York, know that you might have the right to seek compensation for your damages. However, this requires understanding your rights and playing your cards right, because the opposing party will do its best to minimize or eliminate its liability.
Amusement Park Accidents in New York
Amusement parks such as Adventureland Park, Playland, and Six Flags Darien Lake feature scores of rides. Unfortunately, there are instances when things go horribly wrong. New York has been no stranger to amusement park accidents, and here are some that remain firmly etched in memory.
- Adventureland Park. On August 30, 2005, an 18-year-old employee suffered a roller coaster injury while performing maintenance on a ride. He died the next day.
- Adventureland Park. A day after the previous accident, a 45-year-old woman lost her life when she was thrown from a ride and plummeted into a parked car.
- Playland. On June 29, 2007, a park employee lost her life when another employee started the ride where she was still helping guests.
What to Do After an Amusement Park Accident in New York
The moments immediately following an accident can be chaotic and disorienting. However, what you do or don’t do in this critical time can significantly impact any potential personal injury claim.
- Seek medical attention. Even if you feel your injuries are minor, know that adrenaline can mask pain. Get checked by park first aid, and if necessary, call for an ambulance or go to the nearest emergency room.
- Report the incident. Inform park staff/management about the accident as soon as possible. Request an official incident report, and make sure it includes all relevant details such as the date, time, location, and a description of what happened.
- Gather evidence. This can come in the form of photos, videos, and witness information.
- Don’t speculate or admit fault. Avoid discussing the accident with park employees beyond providing factual information. Make sure you don’t apologize or admit any fault, even if you feel partially responsible.
- Limit communication with insurance companies. While it’s important to cooperate, it’s best to seek advice from a personal injury lawyer before giving any recorded statements or signing any documents. This is because insurance adjusters are looking out for the park’s interests, not yours.
- Contact an amusement park accident lawyer. This is perhaps the most crucial step because a knowledgeable NY amusement park accident lawyer can guide you through the entire process.
Filing a Personal Injury Claim for an Amusement Park Injury
Once you’ve taken the immediate steps, the next stage involves understanding the legal process of filing a personal injury claim. This is crucial if you wish to seek compensation for your damages, such as:
- Medical expenses.
- Loss of earnings.
- Pain and suffering.
- Loss of enjoyment of life.
- Other related out-of-pocket expenses.
When it comes to proving fault in a theme park accident case, you may expect your lawyers to cover different bases.
- Maintenance records. This involves examining the park’s inspection and repair logs for the ride or area involved.
- Operator training. Your lawyer will check the training and experience of the ride operator/s.
- Design defects. This requires establishing if your injury resulted from a flaw in the ride’s design or manufacturing.
- Expert testimony. Your lawyer may call upon engineers, medical professionals, and accident reconstruction experts to provide expert opinions.
- Witness accounts. These include statements of those who saw the accident first-hand.
Can You Sue an Amusement Park for Negligence?
The short answer is yes, especially if its negligence directly caused your injury. Amusement parks have a duty of care, and when they breach that duty, it’s possible to hold them accountable. Negligence can come in the form of:
- Mechanical failures.
- Improper maintenance.
- Operator error.
- Design flaws.
- Inadequate warnings.
- Premises hazards.
- Employee negligence.
Statute of Limitations for Amusement Park Injury Claims
When it comes to filing a personal injury claim for an amusement park injury in NYC, the statute of limitations stands at three years in most scenarios. While this may seem like a long time, investigations take time, and evidence can disappear. As a result, the sooner you consult with a lawyer, the better. If you miss this deadline, you lose your right to seek compensation.
Conclusion
An amusement park accident can turn a day of fun into a nightmare. If you’ve been hurt, remember that you don’t have to face the aftermath alone. In addition, keep in mind that seeking legal guidance from an experienced NY amusement park accident lawyer is the smartest step you can take to protect your rights and get the compensation you deserve.