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Establishing Strict Liability for Theme Park Accident

By Edited Feb 10, 2014 0 0

Recreation time spent with children on theme parks may turn into a catastrophic experience for your family. Carnivals and rides can malfunction and cause fire, injuring young children and parents.

Though the Occupational Safety and Health Administration (OSHA) has monitored amusement parks to comply with safety and health regulations, accidents still occur and impair people.

OSHA conducts routine inspection and assessment of theme parks in Los Angeles.

Common causes of theme park accidents are:

1. Defective rides

2. Mechanical failure

3. Poor maintenance on rides

4. Failure to comply with safety regulations

5. Lack of safety equipment or protective devices

Failure to comply with OSHA mandated maintenance on rides often cause accidents and aggravate the injuries of most victims.

Common injuries resulting from theme park accident are:

1. Leg and arm amputation

2. Bone fracture

3. Traumatic brain injury

4. Spinal cord injuries

5. Bruises and lacerations

6. Burns

7. Paralysis

If you or your loved one is injured in a theme park accident, you can recover damages.

One way is to assert strict liability claim.

Strict liability allows you to assert the failure of the theme park owner to prevent or correct hazard on rides, causing the accident; resulting to your injuries. It allows you to receive compensation for your medical expenses and losses.

You will have to establish strict liability to prove the owner's responsibility to pay you.

Strict liability holds the owner responsible for the harm caused by his property within his premises. The owner is mandated by existing safety laws to prevent or correct danger arising from the rides or facilities. Regular inspection and maintenance on rides should be implemented to prevent cases of accident.

How to establish strict liability:

  1. Prove that the owner has the responsibility to exercise duty of care over you
  2. Present evidence that the owner failed to fulfill such responsibility
  3. Establish the causes of events
  4. Show proof that such act caused the accident, leading to your injuries

You can use photos from the accident scene, medical records, witness statements, and expert opinion from engineers and medical practitioners as evidence for your case.

If you are successful in your case, you can receive compensation for your medical expenses, pain and suffering, and loss income.

If your loved one suffered fatal injuries from the theme park accident, you can file a wrongful death lawsuit against the owner.

Consult with a Los Angeles personal injury lawyer knowledgeable in theme park accidents to help you file the lawsuit.



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