Amusement or Water Park Accident Caused by Dangerous Rides, Poor Maintenance and Design Defects
Although exact data on amusement park injuries remains uncharted (particularly since the industry is largely unregulated in Texas and most personal injury lawsuits against amusement parks are settled confidentially), the Consumer Product Safety Commission (CPSC) estimates an annual increase in amusement park ride injuries of 17.4 percent. Statistically, more than half of all amusement park injuries are suffered by children. Currently, it’s estimated that there are more than 11,000 injuries associated with dangerous rides in amusement parks each year.
As a personal injury attorney who’s handled amusement park claims, I know they can be complex. Amusement park claims often involve a combination of product liability, negligence and premises liability. In many cases, separate claims will be made against the amusement park operator and the company that designed and manufactured the ride that caused the injury.
Issues commonly involved in amusement park accidents include:
- Mechanical failure
- Employee under the influence of drugs or alcohol
- Improper assembly, including improperly calibrated cables
- Poor maintenance or hastily made repairs
- Design defects and structural flaws
- Exposed electric wires
- Unsecured mechanical equipment
- Improper belting or lack of proper safety harness
- Sharp and protruding ride parts
- Failure to shutoff or emergency stop
- Improper height and weight restrictions
- Abrupt seizure of mechanism
- Intentional rocking
- Poor lighting
What Laws Protect Texas Theme Park Visitors?
Unfortunately for Texans who find themselves injured after a rollercoaster or other ride accident, there is currently no federal oversight of amusement parks in the U.S. The amusement park industry at large and the International Association of Amusement Parks and Attractions have prevented lawmakers from introducing federal oversight of potentially hazardous rides.
Although the Texas Department of Insurance does conduct annual inspections of certain rides, there is no state agency responsible for investigating amusement park accidents, even when they result in the death of a person. However, law enforcement officials from the local municipality, county or state may enter and inspect without notice at any time to ensure public safety and may immediately prohibit operation of an amusement ride for non-compliance or unsafe operation.
Do You Have a Case? Your Right to Make a Claim in Texas
In Texas, you have a right to make a claim for compensation against the amusement park that caused your injuries. However, there are a few stipulations. First, you have to be able to prove that your injuries were a direct result of park staff negligence (or manufacturer negligence, or cleaning crew negligence, etc.).
For example, let’s say you suffered a fractured leg due to a broken water slide. You’ll need to be able to show that the water slide was indeed the cause of your injury, but more importantly, that the water park knew about the broken slide and did nothing to fix it. Alternatively, if you can show that a manufacturers’ poor design caused the water slide to break which led to your broken leg, you have a case.
All of this might sound complicated and difficult to do, but it’s the way our justice system works. Pointing fingers is not enough. You’ll need proof. There are certain types of evidence that can only be accessed through a legal channel, which is where personal injury attorneys shine. Personal injury attorneys can obtain records and video footage (such as from traffic cameras) that would be very difficult to obtain otherwise.
If you haven’t already, I’d highly advise you to consult with a personal injury attorney. They can tell you if you have a valid case and the next steps you should take to ensure you recover full and fair compensation. While it is possible to pursue the company that is responsible for the amusement or water park’s amenities and rides, the likelihood of successfully making them pay for your accident-related expenses may be very difficult for a variety of reason. For example, these companies typically have a legal team of their own, which means that there will be many attempts to confuse you with unnecessary legal jargon or misleading statements. Thinking about filing a claim against an amusement or water park company? Get an experienced and successful legal team on your side!
Compensation for Injured Amusement and Water Park Customers
If you or someone you love has been injured or killed on a Texas rollercoaster or other ride at a carnival, theme park, festival or fair ground, then it’s important that you consult with an experienced Dallas-Fort Worth rollercoaster and amusement park ride injury lawyer. The board certified personal injury and wrongful death attorneys at the Anderson Injury Lawyers offer all amusement park accident victims and their family members a free, no obligation consultation to discuss the specifics of their case.
Who Needs to Hire a Lawyer?
If you’ve never hired a lawyer before, you might be wondering, “What will an attorney do for me? Do I even need one?” You will benefit from hiring a lawyer if you:
- Were hurt in an accident caused by another driver
- Don’t have health insurance after a wreck and can’t afford to get treatment
- Have never handled a claim before and feel confused about what to do next
- Tried handling the claim on your own but encountered trouble with the insurance adjuster
- Received an unfair settlement offer from the insurance company
- Want a professional to ensure you win everything you deserve to cover the cost of your accident
If you were in an accident that wasn’t your fault and suffered injuries as a result, you will benefit from having a personal injury attorney handling your case. The reason is simple. After a wreck, you’re going to have to convince the other driver’s insurance company to pay you the money you deserve for your medical bills, damaged car, and pain and suffering. However, insurance adjusters are trained to pay you as little money as possible. It’s how insurance companies make money.
Having a lawyer on your side evens the playing field. Here at the Anderson Injury Lawyers, we have over 25 years of experience winning money for hurt accident victims in the Dallas-Fort Worth metroplex. We know exactly how to set up your case, and we handle everything for you.
Our Personal Injury Firm Takes the Stress Off Your Shoulders
When accident victims come to us, it’s often out of frustration with the insurance company. No one ever tells you how hard making a claim can be, especially when insurance adjusters refuse to call you back or create unfair excuses to deny your claim.
We Fight the Insurance Company So You Don’t Have To
Insurance adjusters might find it easy to brush you off, but they won’t be able to ignore us. Sometimes simply having a lawyer on your side forces the insurance company to stop messing around – they know we won’t let them get away with undervaluing your claim or playing around with your case.
We Prove the Other Driver Was At Fault
This is a sticking point for many car accident victims. You might know that the other driver caused your accident, but how can you prove it? We have over 40 years combined experience building cases and proving negligence. We know exactly what to look for, who to call and how to handle your case in the right way.
We Immediately Investigate Your Accident
If we’re going to convince the insurance company to pay you full compensation, words alone are not enough – we’ll need to prove that someone else caused your car accident, and that your car accident caused your injuries. For this reason, quick and thorough car accident investigations are crucial, which is why we make yours a priority. Since evidence like skid marks, debris, vehicle damage, video camera recordings and injuries tend to diminish and disappear fairly quickly, we understand the importance of fast action.
We Fight to Win You the Compensation You Deserve
If you’ve been in a car accident that wasn’t your fault, you shouldn’t have to pay the price. Under Texas law, you’re entitled to compensation for your medical bills, missed work days, pain and suffering. The Anderson Injury Lawyers can help you get it.
How Does It Work?
Schedule Your Free Consultation
First, you’ll schedule your free consultation with our firm. When you come to our office, we’ll listen to your story and get all the facts of the case, then form a plan to get you the medical care you need. From there, we’ll gather evidence to build your case against the other driver and start our battle to win you everything you deserve to cover the cost of the accident.
You Pay Zero Upfront Costs
If you choose to hire our firm, there are no costs upfront. Instead, we work on a contingency basis, meaning we take a percentage of the money we win for you once you’re satisfied with the results and your case is complete.
We Set You Up with Doctors
Even if you don’t have health insurance, you shouldn’t be left to suffer. We work with a network of doctors we trust who can get you the care you need now, and defer payment until later (after we’ve won your case and the money needed to pay these bills).
We Handle Everything, Giving You Updates Along the Way
You’ll be assigned a case manager who is there to answer questions every step of the way. As your case progresses, we’ll keep you updated on its status and check in with you to see how you’re healing, but we handle all the paperwork, evidence-gathering and negotiations. Your only job is to get better.
Once You’re Healed, We Fight the Insurance Company
After you’re fully recovered from the accident, we’ll gather all your medical bills, photo documentation, police reports and other evidence and bring it to the insurance company to demand a fair settlement. Attorney Mark Anderson has over 25 years of experience negotiating with insurance adjusters, and he won’t let an adjuster lowball us. If at the end of negotiations we still don’t believe the insurance company is offering you fair compensation, we’ll file a lawsuit.
Filing a Lawsuit
In addition to our attorneys, we have a full litigation team trained to bring your case to court. We’ve won millions of dollars for our clients over the years, and we are confidant in our ability to bring justice to hurt accident victims.
Why Trust the Anderson Injury Lawyers?
The Anderson Injury Lawyers’s founder Mark Anderson is one of the most recognized attorneys in our area. Most notably, Mark was named a Top Attorney by Fort Worth Magazine, and is consistently recognized as a Super Lawyer by Thompson Reuters. He is rated A+ by the Better Business Bureau and is ranked in the top one percent of practicing attorneys in the United States, according to the National Association of Distinguished Counsel.