Can you Get Compensation After an Amusement Park Injury?
Posted: Monday, September 07, 2009
by Brenda Hollingsworth
Auger Hollingsworth
You may be surprized to learn that amusement park accidents regularly result in bone fractures, whiplash injuries, serious brain injuries ranging from mild concussions to much worse and even death.
It can also be quite surprizing to learn that amusement park injuries are not restricted to fly-by-night shopping plaza rides. Even well-established theme parks around the world can be involved in serious personal injury.
Other accidents happen if a person is seated on an incorrectly sized ride, or falls from an incorrectly fastened safety belt.
Think you know which amusement parks are the safe ones? Think again. Accidents involving fairs, amusement parks or midways may happen at many different types of venues, ncluding:
-Fixed-site rides - These are the large, often permanent, amusement parks or theme parks. Think large scale, large budget venues with sometimes thousands or millions of visitors.
-Mobile amusement parks - These are the traveling type fairs that show up on Canada Day, at country fairs. They are typically set up for days or a few weeks and then are packed up and taken to a new location.
-Inflatable rides - Increasingly popular, these are the "bouncy castle" type of structure. They are often seen at community centre fairs, school parties and may be rented for private use or be part of a larger public park.
Most provinces and states in North America have safety regulations that the owners and operators of the amusements and rides must adhere to. If they do not comply with their obligations, they may be responsible for any injuries and damages that result.
The most common contributors to amusement park accidents are the following:
-Employee behavior - How the ride operator turns the ride on and off and improper maintenance are important areas for investigation after an accident. For example, accidents may happen when an employee stops the ride abruptly, or improperly maintains or assembles the ride.
-Mechanical failures - This is the subject matter of more than one horror movie. Structural issues like weak joints and welds, missing safety pins, lap bars and safety belts that do not fasten safely are examples of causes of potentially serious accidents.
-Rider Behaviour - Any amusement park ride can only be as safe as the rider. If someone removes safety bars, stands when you should be sitting, and horseplays, this behaviour can contribute to accidents.
Is there liability for an Amusement Park Injury?
After an injury at an amusement park, the damages suffered may result in compensation.
Liability will follow if the plaintiff (who is the injured person) can prove that the owner or operator of the amusement park (or both) were negligent in the operation of the amusement park or part of an amusement park.
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Brenda Hollingsworth and Richard Auger are lawyers representing accident victims in Ontario, Canada. Their law firm is Auger Hollingsworth, located in Ottawa. They are the authors of "An Injured Victim's Guide to Fair Compensation" and "Crash Course: A Savvy Woman's Guide to Ontario Car Accident Claims" To get free copy of these books, contact http://www.personalinjuryottawa.ca ; email info@personalinjuryottawa.ca or call 613.233.4529.
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