Anyone using an amusement park or other attraction has to understand that most injuries are covered under blanket laws. ‘Product liability’ or ‘Premises liability’ are the legal terms used to describe such assignment of liability.
With product liability, a buyer or operator assumes the product is reasonably safe. Of course, how they use the product determines liability, but a flawed product – or one that has inadequate warnings – is defined as a hazardous product. The marketing group, manufacturer, or retailer has the duty to clearly state the deficiency or keep that product off the market. A company that designs, manufacturers, markets, or sells a dangerous product – especially in direct contradiction of that fact — is accountable for the injuries it causes. Users or buyers base their decision to participate in good faith and with that precaution in mind. If they are then injured, they have a legitimate grievance against the company that sold or manufactured the product.
Premises liability, on the other hand, means that being on property, be it a public space or on property owned by another, safety of the property isn’t your responsibility. The owner or operator should do his due diligence to assure that you are not injured. In other words, someone walking through a property assumes there are no hazards that will injure them. Should the property be unsafe, and you are injured as the result of a fall or other accident, premises liability protects the injured person. Holding the property owner liable for injuries that occur because of the owner’s failure to meet his responsibilities allows the injured person to assess blame for situations beyond their own control and responsibility.
Led by experienced attorney Jimmy Doan, The Doan Law Firm employs lawyers with decades of experience with amusement park injury lawsuit experience.
Contact one of our experienced lawyers any time, day or night, for a free consultation at (800) 349-0000.