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Fair / Carnival / Theme Park Accident Lawyers
Best Accident Attorney Near Me
Tens of thousands of Alabama residents travel to fairs, carnivals, and amusement parks every year in this country. Amusement parks, fairs, and carnivals such as Disney World, Disney Land, Magic Mountain, Universal Orlando, etc., are a favorite form of entertainment for families and young people in Florida and California. Millions of people from all over the country travel to Florida, California, and many other states specifically to go to amusement parks. Have you been injured while at an amusement park, carnival, fair, or theme park? Ferguson & Ferguson, Huntsville amusement park attorneys, have represented thousands of clients and secured settlements for injured clients totaling millions of dollars. You may need an amusement park accident attorney to help. Call now for your free consultation. Call 256-534-3435 or 256-350-7200. We can help.
There are thousands of fly-by-night carnivals and fairs that parents need to be concerned about. Local fairs like the Morgan County Fair appear for a short time and leave town. There are also many major amusement parks like Dorney Park, Dollywood, Six Flags Great Adventure, Morey’s Pier, Cedar Point, Sesame Place, Wild River Country, Raging Waters, Hurricane Harbor, Jungle Jim’s, Busch Gardens, Jolly Roger, Hershey Park, Gillian’s Wonderland Pier, Morey’s Pier, Steel Pier, Casino Pier, Gillian’s Island Water Park, and Boardwalk. Amusement park operators and carnival owners are always advertising the newest thrill ride or adventure to increase popularity and visits. Unfortunately, many of those rides are not safe and cause many catastrophic and life-altering injuries.
Causes of Alabama Amusement Park Injuries
Several factors may indicate fault and liability in amusement park accidents:
- operator behavior
- mechanical failure
- design defects or limitations
- inadequate security
- failure to post proper warnings
- uninspected damage
- improper repairs
- metallurgical or component failure
- improper operation
- improper training of operator
- lack of or improper maintenance procedures
- loose cables
- rusted belts
- improper belting/security
- lack of safety harness
- failure of safety lock
- sharp and protruding parts
- improper height or weight restrictions
- abrupt starts and stops
- failure to load and unload safely and properly
- improper assembly
- exposed electrical wires
- malfunctioning lap bars
- broken welds
- failure to shut off
- abrupt seizure of mechanism
- engineering design defects
- structural flaws
- improper installation
- unsecured areas of danger near electrical and mechanical equipment
- lack of engineering equipment
- failure of emergency stop
- corrosion of parts
- poor lighting
- electrical shorts/failures
- Alligator, shark or animal attacks
Common Theme Park Injuries
Injuries from amusement park rides can be life-changing events. The injuries include:
- traumatic brain injuries
- neck injuries
- spine injuries
- broken face bones
- broken noses
- broken legs
- internal injuries
- crush injuries
- amputations
- electrocution
- whiplash
- brain hemorrhages
- paraplegia
- quadriplegia
- decapitations
- drownings
- burns
- death
Injury Statistics
The U.S. Consumer Product Safety Commission surveys a small sample of hospitals to collect information about product injuries, including those at amusement parks. However, interestingly enough, this survey does not include incidents from the nation’s most popular theme parks, including Walt Disney World and Universal Orlando. A report from the CPSC dated September 7, 2005, revealed that there were 3,400 reported accidents at amusement parks in 2004. The CPSC report also provides an overview of what states are doing or not doing to inspect amusement park rides and accidents. Some sources indicate that the real number of injuries and deaths is much higher, exceeding 11,000 injuries per year and increasing.
Over 270,000,000 people visit amusement parks each year in the United States, and according to some people, amusement parks are getting more dangerous. Accident data for most amusement parks is particularly a well-guarded secret. When lawsuits are filed, many times, strict confidential settlements are requested. Not so surprisingly, Florida’s theme parks, which account for 20% of all U.S. amusement park business, are exempt from state regulatory laws. The amusement park industry is highly unregulated, and there is not a uniform system for reporting injuries—creating a danger that parks police their accidents. This means that innocent consumers are often left in the dark about which amusement park is safe to visit and which rides are safe for their families. This creates real dangers for families and their precious small children.
Amusement Park Injury Frequently Asked Questions
What should I do after an amusement park injury?
Get medical attention, report the incident to park management, request a written incident report, photograph the ride and surrounding area, identify witnesses, preserve tickets and receipts, and avoid signing a release before obtaining legal advice.
Who may be liable for an amusement park accident?
Potentially responsible parties may include the park or carnival owner, ride operator, property owner, ride manufacturer, maintenance or inspection contractor, event organizer, security company, or another party whose negligence or defective product caused the injury.
What causes amusement park and carnival injuries?
Common causes include operator error, inadequate training, mechanical failure, defective design, improper assembly, poor maintenance, broken restraints, unsafe loading, missing warnings, electrical hazards, inadequate security, slippery surfaces, and failure to enforce height or weight restrictions.
Can I make a claim for a defective amusement ride?
A claim may be possible when a defective design, manufacturing problem, broken component, inadequate warning, improper installation, or unsafe modification caused the injury. The ride and its components should be preserved and examined promptly.
What if the ride operator made a mistake?
The operator and the operator's employer may be investigated when improper loading, unsafe dispatch, failure to check restraints, abrupt operation, distraction, inadequate training, or failure to stop the ride contributed to an injury.
Can a carnival or traveling fair be held responsible?
Yes. Traveling carnivals and fairs may be responsible for negligent assembly, inspection, maintenance, staffing, operation, or premises safety. Because equipment and witnesses may quickly leave town, prompt evidence preservation is especially important.
Can I sue if a safety harness or lap bar failed?
Potential claims may exist against the operator, owner, maintenance provider, installer, or manufacturer when a harness, lap bar, lock, belt, cable, or other restraint failed or was not properly secured.
Can I bring a claim for a slip and fall at a theme park?
Possibly. A park may be liable when it knew or should have known about an unreasonably dangerous condition, such as a spill, broken walkway, poor lighting, or missing handrail, and failed to correct it or provide an adequate warning.
Can I recover for an injury at a water park?
Yes, depending on the facts. Water park claims may involve inadequate lifeguarding, unsafe slide design, poor maintenance, contaminated water, overcrowding, missing warnings, negligent supervision, or dangerous walking surfaces.
What if my child was injured on an amusement ride?
A parent or guardian may pursue a claim on behalf of an injured child. The investigation should examine age, height and weight restrictions, operator conduct, restraints, warnings, supervision, maintenance, and whether the attraction was reasonably safe for children.
Does signing a waiver prevent an amusement park injury claim?
Not necessarily. The language, presentation, scope, parties, conduct involved, and applicable state law all matter. A waiver should be reviewed by an attorney before you assume that it eliminates the claim.
What evidence is important in an amusement park case?
Important evidence may include tickets, wristbands, receipts, photographs, video, witness information, incident reports, inspection and maintenance records, operator training records, ride manuals, design documents, prior incident evidence, medical records, and the physical components involved.
How quickly should an amusement park accident be investigated?
Immediately. Surveillance footage may be overwritten, rides may be repaired or moved, temporary attractions may leave, and witnesses may become difficult to locate. A preservation letter and early expert inspection can be critical.
What compensation may be available after a theme park injury?
Depending on the case, damages may include medical expenses, lost income, reduced earning capacity, pain and suffering, disability, disfigurement, future care, and other legally recoverable losses. Wrongful death damages are governed by separate Alabama rules.
Can I recover if an amusement park injury happened outside Alabama?
Possibly, but the law, filing deadline, court, and responsible parties may depend on where the injury occurred and where the defendants operate. An attorney should evaluate jurisdiction and applicable law promptly.
How long do I have to file an amusement park injury lawsuit?
Deadlines vary by state and claim type. Many Alabama personal injury claims have a two-year limitations period, but shorter notice requirements or different deadlines may apply. Obtain legal advice promptly rather than relying on a general deadline.
Can inadequate security support a claim?
A claim may be possible when reasonably foreseeable criminal or crowd-related danger was not addressed through appropriate staffing, lighting, barriers, crowd control, warnings, or other security measures. Liability depends on the specific circumstances.
What if poor maintenance or inspection caused the accident?
Maintenance logs, inspection reports, repair records, photographs, component testing, and expert analysis may show whether corrosion, broken welds, loose cables, electrical failures, worn restraints, or other defects should have been discovered and corrected.
How much does an amusement park injury consultation cost?
Ferguson & Ferguson offers a free consultation for amusement park, carnival, fair, water park, and theme park injury matters.
Which Ferguson & Ferguson office should I call?
Call the Huntsville office at 256-534-3435 or the Decatur office at 256-350-7200. The firm evaluates amusement park and catastrophic-injury matters involving Alabama residents and accidents in other jurisdictions.
Contact an Alabama Amusement Park Lawyer Today!
If you or a family member has suffered a catastrophic injury or fatality at an amusement park, water park, or hayride, it is important that you contact an experienced amusement park lawyer to investigate the defective product and premise liability issues to determine if you have a case and who is responsible. Our aggressive legal team will bring the wrongdoers to justice and achieve the best results for you and your family. If you have been injured at an amusement park, please contact us at 256-350-7200 or 256-534-3435.
Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801
Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601
Our amusement park and theme park injury attorneys serve every city and county in the United States.