There is no shortage of urban legends about carnival accidents. From Ferris wheels to the Yo-Yo, riders from children to adults will sometimes feel their stomachs churn just a little bit more when recalling these tales before the ride lurches to a start. The reality is that people can and do get hurt due to various factors associated with the ride or operator. There are a variety of directions this can go, which is why it is good to have an attorney to sort it.
Possible Causes of Injury
The first possibility is an issue of product liability. Your ride had a manufacturer. Just like any other product on the market, there is always the potential for a defect. Even if you and the ride operator did everything correctly, you were still left vulnerable to injury. If evidence can be found, a lawsuit can be levied against the manufacturer for your injuries.
The second possibility is negligence. This can go a few ways. If the operator did not properly operate the ride when you were injured, the carnival could be held responsible. Protocols are in place for all rides. Failing to follow these puts you and others, on an otherwise enjoyable day, at risk. The lack of proper maintenance or inspection could do the same. Wear-and-tear and missteps in assembly occur and can sometimes lead to an unfortunate injury.
A third issue can come from a failure to maintain the property. While this is not about riding a ride itself, it is important to note. Cables laying on walkways or ice cream spilled on metal steps can constitute this. One misstep, and you have a slip-and-fall injury. If such hazards are obvious, it might be difficult to make your case for a personal injury claim, but if they are hidden or disguised from view in some manner, you may have the right to a settlement.
The Carnival or Amusement Park’s Defense
A common defense used by carnivals and amusement parks is assumption of risk. The idea is that you understood that there was risk before getting on the ride and, by doing so, voluntarily accepted it. Because of this, the defendant does not feel they owe you anything. The carnival still would have to prove that the danger was obvious. Carnivals will often use a ride disclaimer as a means of proving this.
However, you would not have assumed the risk that a poorly maintained electrical box caused a surge giving you an electrical burn or that you lose a hand because a wooden beam came loose, even though they knew it could potentially injure somebody if they did not move it. If you did not have a pre-existing medical condition that could have led to your injury and were behaving properly during the ride, assumption of risk will be difficult for the carnival to prove.
Contact Us
If you have been injured on a carnival ride, there are several steps that need to happen before you can get your settlement. It is important to call right away, so a personal injury lawyers can investigate immediately. We will find out who is at fault and hold them accountable. Call or text us at (612) 465-8733 for a free consultation. You pay nothing unless we win.
