When you think about amusement parks or traveling fairs, chances are you picture spinning rides, carnival games, lively shows and delicious food. Commonly billed as fun for the whole family, this type of entertainment is supposed to be full of opportunities to make great memories. No one visits a festival or a theme park thinking they could be hurt or killed, but the truth is accidents do happen.
If you or a loved one was injured or someone has died in an amusement park accident, you may be entitled to compensation for your losses through insurance or a lawsuit. However, Kentucky injury laws are complicated, making mistakes can be costly, and insurance companies and their attorneys will try to deny claims or pay out less than you deserve.
Fortunately, you don’t have to fight for your rights alone. There is help available from an experienced Kentucky car accident lawyer at the Johnson Law Firm. When you work with attorney Billy Johnson, you are represented by a tough lawyer who knows how to go toe-to-toe with insurance companies and get you the justice you’re entitled to.
Types of Amusement Park Injury Cases
Amusement attractions and parks have a duty to operate rides safely, whether these are fixed parks, regulated by the Kentucky Department of Agriculture Office of Consumer and Environmental Protection, or traveling fair attractions, which are regulated by the federal Consumer Product Safety Commission.
When something goes wrong and an accident occurs, the two most frequently filed types of injury claims are based on negligence or product liability.
Negligence Claims – In this type of claim, it must be proven that defendant in the claim had a duty to act in a careful manner; that they failed to do so; and that this failure caused the injury suffered by the plaintiff. An amusement park is responsible for what its employees do or fail to do, and can be sued for their negligence. Common causes of amusement park accidents that may be due to negligence include:
- Sudden starts and stops
- Failure to post warning notices or give safety instructions
- Failure to shut off or come to an emergency stop
- Overcrowding the ride
- Improper height or weight restrictions
- Improper loading and unloading of passengers
- Improper maintenance
- Operator error.
Product Liability – In some cases, accidents occur because there is something defective in the ride itself or in one of its components. Whether the defect is in the actual structure of the ride itself or in the design, a product liability claim could be filed against the manufacturer of the ride or the company that is responsible for making the parts. Examples include:
- Improper assembly or installation
- Loose cables
- Malfunctioning lap bars and safety lock failures
- Electrical shorts and failures
- Structural defects and components that do not stand the test of time
- Design flaws
- Insufficient testing.
Your Kentucky personal injury lawyer will conduct investigations into the cause of the accident, gather evidence, such as photos and videos of the accident scene and ride maintenance records, and interview witnesses and first responders to build a case on your behalf.
Compensation You May Recover in an Amusement Park Accident
Depending on the circumstances of the accident and the costs and seriousness of the injuries, you may be entitled to recover compensation for both your economic and noneconomic damages.
Economic damages are for your monetary expenses, such as costs of medical and rehabilitation expenses, lost wages if you cannot work, and any property damage. Non-economic damages are those that do not have a specific dollar value but negatively impact your life and may include pain and suffering – both physical and emotional, loss of enjoyment of life, loss of consortium and community, scarring and disfigurement, and permanent disabilities.
In some rare cases, if the accident was caused by willful, deliberate misconduct, you may also be entitled to punitive damages, which serve to punish the offender and deter similar actions in the future. In Kentucky, there is no cap on punitive damage awards.
Amusement Park Accidents Happen in Kentucky More Than You Think
In 2015, twelve people were injured when the Jitterbug Swing ride tipped over at Beech Bend Park in Bowling Green, Kentucky. In 2018, the city of Louisville agreed to pay $6 million to settle an incident involving the Zoo Train, which injured 22 people when the train was derailed. Notably, in 2007, a 13-year-old girl’s feet were severed by a snapped cable on the Superman: Tower of Power drop tower at Six Flags Kentucky Kingdom in Louisville. The ride was immediately closed, and the girl’s family successfully sued the park with the help of a personal injury lawyer.
Get Help with Amusement Park Injuries in Kentucky
When you’re waiting in line to board a ride, you don’t think about getting hurt or whether you would able to file a successful personal injury or wrongful death claim if something goes wrong. That’s why we’re here. Since 1998, The Johnson Law Firm has handled thousands of injury cases from our office in Pikeville. If you were injured while visiting a Kentucky carnival, fair, or amusement park, are the survivor of someone who was killed here, or have any questions about this topic, call us today for a free consultation at 606-437-4488.
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Attorney Billy Johnson
William “Billy” Johnson grew up in the Dorton area of Pike County, Kentucky, and early on decided to stay in the beautiful Appalachian mountains. Like many others in Eastern Kentucky, Billy’s dad worked as a coal miner, a hard job but one that taught his son how to meet challenges head on and persevere. Attorney Billy Johnson has years of experience helping injured clients with claims such as car, truck, and motorcycle accidents, wrongful deaths, work injuries, and more. [ Attorney Bio ]
