A Quick Guide to Filing a Roller Coaster Accident Lawsuit in 2024
Common causes of roller coaster accident lawsuit
Even when everything is working fine, certain roller coasters, such as those with sudden drops, can lead to certain injuries, such as dizziness, headaches, and loss of consciousness.
It includes situations where things like broken welds or structural components, broken drive chains, missing safety pins, exposed electrical wires, and malfunctioning lap bars occur.
Operator behaviors that cause roller coaster accidents include abruptly stopping the ride, improperly assembling or maintaining the ride, and ignoring safety procedures.
Passenger behaviors that cause neck injury from roller coasters from intentionally rocking cars, standing up, defeating safety restraints, and sitting improperly.
Who is responsible for roller coaster injuries?
- Amusement park employees.
- Amusement park owner or operator.
- Amusement park parent company.
- Another customer or patron of the amusement park.
- Food or drink vendors.
- Park supervisors or managers.
- Ride operators.
- Roller coaster equipment and parts manufacturers.
- Roller coaster engineers.
- Safety inspector.
- Security guards.
- Shuttle drivers.
- The park’s insurance company.
- Third-parties who contract with the park for goods and services.
Few examples of Roller Coaster negligence
- Failing to post or enforce warning signs.
- Failing to train ride operators.
- Failing to maintain safe equipment.
- Failing to inspect the roller coaster.
- Failing to react to an emergency.
Your legal rights in roller coaster accident injuries
Some of the legal factors that an attorney can review in a roller coaster accident claim.
- Whether you and your loved ones are allowed compensation for current and future medical and treatment expenses.
- If you were working at an amusement park or water park when you were injured. Or whether you and your loved ones can recover lost wages from work, and other out of the pocket expenses stemming from any injuries.
- Whether the amusement park and water park injuries entitle you and your loved ones to recover damages for pain and suffering.
Common defenses raised by amusement parks
usually consist of serious injuries and large damages. As a result, amusement parks typically fight the lawsuits tooth and nail. Here is a list of the most common amusement park defenses.
It states that a plaintiff who voluntarily gets on a roller coaster does not own any duty of care concerning the obvious risks associated with the activity. However, amusement parks are still liable for their non-obvious risks.
For instance, if you suffer dizziness due to riding a roller coaster that spins you in circles, you cannot sue anyone because getting dizzy is an inherent risk linked with riding a roller coaster that spins you in circles.
However, on the other hand, if a lap bar malfunctions and you are thrown from the roller coaster, you can easily take a roller coaster accident claim because a lap bar coming loose is beyond the obvious risks connected with riding a roller coaster.
If the plaintiff is responsible for the accident, he/she will be barred from getting any compensation for the damages. In other cases, the recoveries will be reduced according to their percentage of fault depending on the shared fault rules of the state.
Common examples are a plaintiff getting on a roller coaster without meeting the clearly-posted weight and height requirements, or a plaintiff standing up while the roller coaster is in motion.
When buying a ticket to an amusement park, you are asked to sign a waiver of liability. It is simply an agreement saying that you release certain parties, particularly the amusement park, from any liability related to injuries suffered.
In addition, you must know that every state treats waivers differently. In some states, waivers are unenforceable. However, in other states, waivers are upheld if they meet specific requirements.
Each state has something called a statute of limitation that limits the amount of time you have to file a lawsuit. Therefore, if you did not file your roller coaster accident lawsuit within that period, you will be forever barred from recovering damages.
Safety tips to follow while riding a roller coaster
Although there are some accidents that cannot be avoided, here are some steps you can take to lower the risk of roller coaster injury:
- Try to follow the posted age, weight, height, and health requirements.
- Read and follow all the loading instructions before riding on a roller coaster.
- Ensure your children keep their hands and feet inside the roller coaster at all times.
- It’s better not to lift your child above the safety bar.
- Don’t let your child ride on the roller coaster if you don’t think they can follow the rules.
- Trust your instincts. However, if a ride seems unsafe, it’s important to choose a different activity.
Why hire a personal injury lawyer for your roller coaster injuries?
The owners and operators of amusement parks know how to create strong evidence of your injury or how it occurred can be used against them. They will be reluctant to turn anything over to you.
Having knowledgeable roller coaster accident lawyers who understand your amusement park cases and how to demand the right information will ensure you receive a fair settlement of your claim. The personal injury lawyers will also aid you to recognize whether negligence was involved and how to bring a claim against the property owner.
Nevertheless, there are a large number of factors to consider as you determine whether or not you want to move forward with your claim or not. But remember, almost every insurance adjuster will act like they have your best interest at heart. However, they do not work for you. Instead, they will convince you to settle for a minimum amount. This is why it is advised to consult with the top roller coaster accident lawyer in Philadelphia as early in the process as possible to ensure all your rights are protected accurately.
A free case evaluation with an experienced personal injury lawyer helps you better understand the best solution for your injuries, losses, and other damages. A good lawyer will help you in the whole process of the case to help you get the best possible result.
Furthermore, they will also aid you to obtain maintenance records and surveillance footage of the accident. They truly understand where to find witnesses, and how to gather any other proof you will need to establish your lawsuit.
Ethen Ostroff Law
Ready to discuss your case with a skilled and dedicated attorney? Ethen Ostroff won’t only help you provide professional assistance regarding your case, we will also help you get access to the top roller coaster accident lawyer in Philadelphia which will increase your chances to get maximum compensation for the losses and damages in roller coaster accidents. If you have any doubt or want to know different methods to recover the damages and losses from your roller coaster accident, you can contact Ethen Ostroff on 610-510-8883.