Amusement Park Accident Lawyers

Amusement parks are big business, drawing about 375 million visitors across North America each year. Hoosiers are no strangers to the thrills that amusement parks offer, whether at major facilities like Holiday World and Indiana Beach Boardwalk or at the numerous theme parks and fairgrounds throughout the state. Going to an amusement park can be a wonderful experience, but even a perfect day of family fun can take a turn for the worse when an unfortunate accident disrupts it.

The reality is that injuries occur regularly at amusement parks in the United States, with 1,299 park attendees hurt in 2019 alone. While some of these injuries may be superficial, others are not, particularly in accidents involving roller coasters, which contribute to 36 percent of serious amusement park injuries and approximately four deaths annually. Even non-fatal amusement park accidents can cause grievous bodily harm, requiring prolonged treatment that could be beyond the means of the average Indiana resident.

You may be eligible for economic recovery if you have been injured in an amusement park accident in Indiana, but success is never guaranteed. To tip the odds in your favor, get in touch with the Indiana amusement park accident lawyers at Hensley Legal Group, who have been getting justice for innocent victims of negligence since 1998.

Call us at (317) 472-3333, chat with us online, or complete our contact form to schedule a free consultation with an accomplished Indiana amusement park accident lawyer.

Common Causes of Indiana Amusement Park Injuries

There are many types of amusement park attractions, and there are many types of amusement park accidents as well. While every incident is different, some of the most common causes of Indiana amusement park injuries include:

● Operator negligence – Even the most complex rides need humans to operate them, and, like all humans, operators can make mistakes. Injuries may be incurred when operators stop rides abruptly, neglect to restrain or leave enough space between passengers, and fail to deploy safety features.

● Insufficient restraints – Riders can be violently ejected when they are not sufficiently secured, perhaps because a worker did not latch the restraints correctly prior to setting the ride in motion or because the ride did not have them.

● Collisions – A poorly designed or constructed ride could cause patrons to collide with the ride’s cars, walls, tracks, or structural elements or crash into fellow riders.

● Slippery Surfaces – Patrons may be hurt while getting on or off of rides or while the rides are moving because of overly slick conditions that cause them to lose traction. Slip-and-fall accidents occur frequently at water rides and attractions that get the ground or other surfaces wet.

● Dim lighting – Similarly, dimly lit areas of the amusement park could cause patrons to stumble, especially if these areas also lack handrails for attendees to grab.

● Mechanical malfunctions – Amusement park rides are sophisticated machines, with multiple parts that must work in simultaneous harmony. When any of these parts malfunctions, rides may become struck, brakes may fail, cables may snap – and riders may be hurt.

● Structural decay – In addition to the machinery breaking down, the metal infrastructure of a ride may wear out or corrode over time, which could cause it to collapse or fall apart while in use, putting riders and passersby in jeopardy.

● Negligent design – Some rides are unsafe because they are flawed at the conceptual level. An attraction may be properly constructed, with perfectly functioning components and a sturdy frame, but a negligent element of its design will still cause it to inflict injury on unsuspecting riders.

● Inadequate warning – Amusement parks and their workers need to make attendees fully aware of any safety risks so they can take appropriate precautions. Adequate warning is even more important with interactive attractions such as inflatable devices or water slides that do not offer protective restraints to keep patrons secure.

Regardless of what caused your injuries, our Indiana amusement park accident attorneys can advise you of the best course of action if you are contemplating a claim against the ones at fault.

Who Is at Fault for an Indiana Amusement Park Accident?

Determining who is at fault for an Indiana amusement park accident will depend upon the facts leading up to a personal injury, though compensation may only be available when someone else is to blame, which is not the case with most amusement park accidents. About 60 percent of ride injuries occur because patrons disregard the rules, which would probably bar a civil claim, but other amusement park accidents may be compensable.

Amusement parks in Indiana have an obligation to maintain safe conditions for the benefit of attendees, who are considered invitees under Indiana law and are therefore owed the greatest duty of care by Indiana property owners. The park’s owners and its employees must inspect the park for potential dangers and either repair them or alert park guests about them.

When an injury occurs because of a dangerous condition at an amusement park or because of misconduct by park employees, the injured party might be able to go after the owners of the park for fiscal damages. For the case to be viable, a plaintiff will need to show that:

● A hazard existed at the park;

● The park or its employees either directly created this hazard or should have discovered it in a reasonable amount of time;

● The park failed to fix or warn about this hazard; and

● This hazard caused injury.

Aside from the owners of an amusement park and their employees, outside parties could be culpable for an amusement park accident in certain instances. For example, when a ride malfunctions, an injured patron may be able to pursue a product liability claim against the individuals or entities who designed, constructed, sold, or installed the ride or its component parts. Similarly, if independent contractors are in charge of operating rides at a park, they could be liable for any injuries they cause.

No matter what kind of amusement park case you have, you have a limited window in which to act on it, known as the Statute of Limitations. If you fail to file a lawsuit or otherwise resolve your claim before the Statute expires, you could be prohibited from ever doing so.

Hensley’s Indiana amusement park accident lawyers will work swiftly to establish a valid claim against everyone responsible for your amusement park injuries.

What to Do After an Indiana Amusement Park Accident

There are key steps you should remember to take after an Indiana amusement park accident to protect yourself and any case you may have, including the following:

● Report the incident – Inform park security or emergency personnel immediately. Be sure that an incident report is filed and request a copy of it. An accurate report will be essential for your claim, so provide a comprehensive account of what happened to park authorities.

● Get treated for your injuries – Seek prompt medical attention, ideally at the park itself. Any delays in care could hinder the healing process and cast doubt on the causal relationship between the amusement park accident and your injuries.

● Shoot pictures and videos – A contemporary visual record of the accident scene can be indispensable in assigning liability and documenting your losses, so use your phone to shoot pictures and video footage of your surroundings.

● Take down witness information – Eyewitnesses can provide independent confirmation of the accident, so take down the names and numbers of anyone present and encourage them to convey what they saw to the staff members preparing the incident report.

● Speak to an attorney – A knowledgeable Indiana amusement park accident lawyer can answer your questions and educate you about what to expect if you initiate a case.

How Our Indiana Amusement Park Accident Attorneys Can Make a Difference

An amusement park accident can be catastrophic, overwhelming you with skyrocketing medical bills and unforeseen costs while curtailing your ability to earn a living. Simply making ends meet can become a challenge, much less obtaining the funds to cover the new demands on your finances.

You need attorneys with the compassion to support you through this difficult period and the skill to get you through it. In short, you need the Indiana amusement park accident attorneys at Hensley Legal Group. No task is too daunting or adversary too intimidating to prevent us from getting our clients what they deserve.

If you choose to hire Hensley, we will conduct a thorough investigation into the causes of your amusement park accident and everybody who may bear responsibility for it within the time allotted by law. If evidence of wrongdoing exists, our Indiana amusement park accident lawyers will work tirelessly to find it.

Once we have assembled an airtight case against every defendant, we will attempt to negotiate a settlement that reflects the totality of your losses, including:

● Medical expenses

● Lost income

● Pain and suffering

● Mental and emotional trauma

● Diminished quality of living

● Punitive and wrongful death damages (if applicable)

And unlike some of our competitors, who rarely, if ever, set foot inside a courtroom, we are not afraid to go to trial if we do not receive an offer that is worthy of your claim.

No two amusement park accidents are exactly alike, but we will always strive to maximize the value of yours.

You Won’t Pay Until We Win

If you are concerned about committing to more expenditures when you can least afford them, you may be pleased to learn that our firm works on a contingency basis. That means you won’t have to pay us anything until our Indiana amusement park accident attorneys win your case.

That trip to the amusement park should have given you memories you would want to cherish forever, not the nightmares you now wish you could forget, but you can trust Hensley to do whatever it takes to get your life back to normal.

Talk to an Indiana Amusement Park Accident Lawyer Today

Hensley Legal Group has been fighting for the everyday people of Indiana for over a quarter century. If you have been hurt through no fault of your own, talk to an Indiana amusement park accident lawyer today to explore your legal options.

You can arrange a no-cost case review with our dedicated Indiana amusement park accident attorneys by calling us at (317) 472-3333, chatting with us online, or completing our contact form.