When a Family Fun Day Goes the Wrong Way

There is a good chance that you and your family were part of the over 250 million people who visited an amusement park this year.

Most likely the only pain incurred was a stomach ache from too much cotton candy, but for seven thousand other park enthusiasts their day of fun ended in an emergency room. Just this past September, thirteen Connecticut children were hurt when the swing ride they were enjoying suddenly lost power. Luckily most only suffered minor injuries, but a few needed to be treated at a local hospital.

Play At Your Own Risk

Amusement parks are not a play at your own risk venue. The owners and its employees have a duty to protect the safety of your family. If a member of your family was injured at a theme park, contact a Missouri personal injury attorney who has experience with this type of claim. They may be able to help you receive compensation.

Regulation of amusement parks is left to the state and finding any accurate statistics about Missouri is a lesson in futility. Missouri, along with Kansas, have the least stringent laws regarding theme parks in the nation. Park owners in Missouri are not required to report injuries unless they are serious or involve three or more people. In addition, while the state may do random safety checks on the rides, Missouri law allows for outside inspections.

Mechanical or Operator Failure

We can only assume then that like the rest of the U.S., accidents that occur in a Missouri amusement park are mostly ride related and caused by either mechanical failure or operator failure. In order to prove liability, a Missouri personal injury attorney will first have to show where the failure occurred and what the park could have done to avoid it from happening. Take for instance the Joplin man whose off-road vehicle went out of control at D-Day adventure park. In order for him to have been awarded the $4,226,000 judgment, his lawyers had to have shown how poor maintenance of the vehicle by park employees caused it to stop functioning properly. Park rides are complex and have unique design. In order to avoid injuring its’ patrons, amusement park owners need to implement a regular schedule of maintenance and proper training on operation to their employees.

What To Do If You Are Injured

In the event that you or a family member is injured at an amusement park, it is important that you file an incident report with them. If circumstances allow, include the name of the employee or employees who were running the ride at the time as well as any witnesses. Take pictures of the scene and of any signs that pertain to the ride. When seeking medical attention make sure that the physician is aware of exactly how the injury occurred. Obtain copies of all of the medical reports, including any tests performed as well as the results. Medical bills related to an injury get expensive quick. You want to make sure that your Missouri personal injury attorney has all of them in order to determine how much compensation should be sought.

While the vast majority of amusement park outings end well, it is important not to forget about the victims of those that did not. If your family’s day of fun ended with a trip to the emergency room, call Zevan and Davidson Law Firm, L.L.C. at (314) 588-7200 as soon as possible.

Photo credit:  David Feltcamp