How Assumed Risk Impacts an Amusement Park Injury Case
If you have been hurt while on a rollercoaster or after using the water slide at an amusement park, you may be entitled to compensation. However, the defendant in your case may try to argue that an assumption of risk should reduce or eliminate the amount that you are allowed to collect. Let’s take a look at what assumed risk means from a legal perspective as well as how it could impact your case.
What Is Assumption of Risk?
In legal terms, assumption of risk means that you were aware of the stated or implied danger that came with engaging in a particular activity. For instance, it could be argued that you knew that riding on a wooden rollercoaster could lead to increased shaking that could cause an injury in certain cases.
Assumption of risk may also be referred to as assumed risk, and there are two elements that need to be established by a defendant to potentially absolve him or herself of liability. First, it must be shown that the plaintiff knew that there was a risk of injury. Second, it must be shown that the plaintiff took a potentially risky action of his or her own volition.
How Could a Defendant Prove an Action Was Risky?
In an amusement park injury case, the amusement park owner or a ride operator may point to warning signs indicating that some people could be at a higher risk of injury. For instance, a sign may be placed near a ride indicating that those with epilepsy could be at a higher risk of a seizure. Those with anxiety issues may be advised to avoid a ride or attraction because of the potential for elevated stress levels.
How Would a Defendant Show That You Voluntarily Assumed the Risk?
Typically, when you buy a ticket to enter an amusement park, there is a disclaimer saying that you know and understand the risks that come with spending time there. Additionally, you are never forced to go on a ride or visit an attraction, and there may be exit ramps or opportunities for an individual to leave a ride before it gets started.
How Does Assumption of Risk Impact My Amusement Park Injury Case?
Whether or not assumption of risk plays a role in your amusement park injury case depends on several factors. First, the state in which you suffered your injury may say that an assumption of risk is not a defense against liability. Second, the assumed risk defense would only work if the injury was one that you could have foreseen. Finally, the amusement park or a ride operator would still have a duty of care to protect you. If this duty is breached, you are still entitled to collect damages.
What Would Be Considered an Unforeseeable Injury?
If you went on a waterslide, you may foresee getting hurt if you went down the slide on your back instead of on your stomach. You may also foresee getting hurt if you didn’t wait for the ride operator to give you permission to go down the slide after the person in front of you went down. However, you probably couldn’t foresee hitting your head after getting dizzy because the park food was tainted.
Proving Negligence on Behalf of the Amusement Park
If you were hurt because a ride was not properly maintained or because a staff member did something that resulted in your injury, those would be examples of negligence. This would go beyond any assumed risk that you took when you entered the park, and it may allow you to be absolved of any liability on your part.
However, it is still possible that a judge or jury could find you partially responsible for your injuries based on the notion of assumed risk of for any other reason. Your amusement park injury attorney will do whatever it takes to ensure that you are absolved of a significant amount of or all liability in your case. Depending on where you live, you may need to prove that the defendant was at least 51 percent responsible to be compensated.
If you have been injured while at an amusement park, you should contact an attorney right away by calling (800) 349-0000. An attorney from The Doan Law Firm will take your call 24/7 even on major holidays and start working on your case right away. The initial consultation is free, and you won’t pay anything unless you win your case.