Seeking Compensation after Amusement Park Accidents in Pennsylvania

Legal Recourse for Amusement Park Injuries in Pennsylvania

The first way is through a claim against insurance. Amusement parks usually have insurance to cover injuries. You or your representative can file a claim with the park’s insurance to get compensation for medical costs and other damages. Or you can go to your personal health insurer for help with medical bills. If you have homeowners’ or renters’ insurance, it might also provide compensation in certain cases.

A completely different option is to file a personal injury lawsuit. If the park was negligent (like not maintaining things properly), you can file a personal injury lawsuit against them. Or you could file a product liability lawsuit. If a faulty product, like a broken ride part, caused your injury, you can file a lawsuit against the company that made or sold the faulty product.

Please bear in mind that if you get injured in an amusement park, it’s a good idea to talk to a legal professional to understand your options. The experienced and skillful attorneys at Cohen & Riechelson can help figure out what’s best based on your situation and the laws in Pennsylvania.

Amusement Parks: The More to Enjoy, the More to Be Careful of

People head to amusement parks on dates or with their children, planning on having a time of thrills and fun. And usually, it turns out that way. Pennsylvania has 16 amusement parks that have a total of 55 roller coasters in them. If you like amusement parks, Pennsylvania might be one of the best places to be. But occasionally, in amusement parks across the country, the worst has been known to happen, and people get hurt or killed by rides. Perhaps the ride was poorly designed, put together shoddily, or not properly inspected and maintained so that bolts came loose and fun rides turned into a disaster. If that were to happen, what could you or a loved one do to be compensated for pain and suffering you endured as a result of an accident on an amusement park ride?

Exploring Pennsylvania’s Historic Amusement Parks

There are many great amusement parks in Pennsylvania, and some of them have been around for so many years they’ve become historic landmarks as well. In Central Pennsylvania, Blair County to be exact, DelGrosso’s Amusement Park has been providing thrills and chills for more than 100 years. Dorney Park in Allentown has six roller coasters, 64 total rides, and a waterpark, Wildwater Kingdom, with 19 rides of its own.

Hersheypark is the biggest theme park that’s NOT located in California or Florida. It’s Pennsylvania’s most-visited park, with 70 rides, including 14 roller coasters. It also has a zoo and a water park. There are many other parks in every corner of the state for a very fun day, no matter where you live in Pennsylvania.

A Near-Tragic Incident at a King of Prussia Adventure Center

Here’s an example of how a fun afternoon can go wrong. An adventure center opened in King of Prussia, and within three weeks, an eight-year-old boy got tangled in a rope ladder. He was seen climbing down it head first, then he got tangled and was hanging from his neck, according to CBS News in Philadelphia. Fortunately, two off-duty policemen were nearby. The child was unresponsive at first, but they gave him CPR, and he was revived. He was taken to a nearby hospital and later released. Though the rope ladder had been designed to meet national industry safety specs, the owner had the rope ladder redesigned.

What are the Most Common Types of Injuries Reported in Pennsylvania’s Amusement Parks?

In Pennsylvania’s amusement parks, the injuries reported most often are:

Soft Tissue Injuries: Things like bruises and strains from the physical forces of rides or slipping and falling in the park.
Head and Neck Injuries: Injuries to the head and neck, usually from incidents like collisions or sudden stops on rides.
Fractures and Broken Bones: Accidents or falls leading to fractures or breaks, usually in arms, legs, or other vulnerable areas.
Cuts and Scrapes: Cuts and scrapes can happen from sharp edges, poorly maintained equipment, or loose objects.
Whiplash: Sudden and forceful movements, especially on certain rides, can cause whiplash injuries affecting the neck and spine.
Worsening of Existing Health Issues: People with pre-existing health problems might find their conditions getting worse due to the physical stress of certain rides.
Injuries from Slips and Falls: Falling due to uneven or wet surfaces in the park, leading to various injuries.

Amusement parks prioritize safety because they want to protect their reputations and draw in more customers. But if someone does get hurt, seek medical help immediately and report the incident to park staff.

How is Liability Established at an Amusement Park in Pennsylvania?

In Pennsylvania, figuring out who’s at fault in an amusement park injury means a careful examination of what happened. Fault is often linked to things like carelessness, not keeping the park safe, or not following safety rules. We can break the issue of fault into the following four parts.

Negligence

Amusement parks have a duty of care to keep visitors safe. If they don’t do this, it’s considered a breach of their duty of care and seen as negligence.

To prove fault, there must be a clear connection between cause and effect, between the park’s actions and the injury. It has to be shown that the park’s negligence directly led to the harm.

Courts may consider whether the park should have known about possible risks and taken steps to prevent accidents. If the park ignored obvious risks, it strengthened the case for negligence.

Proving Fault

Gathering evidence and proof is vital. This can include eyewitness accounts, videos, maintenance records, and other relevant documents.

Professionals like engineers or safety experts may provide their expert opinions on whether the park was careless and if it caused the injury.

Assumption of Risk

Parks might argue that visitors know about certain risks. However, this doesn’t excuse the park if they were more careless than expected.

Comparative Negligence

This means that the park and the injured person can be found to share the blame. Pennsylvania uses a system where fault can be shared between the park and the injured person. Compensation may be adjusted based on how much each party is responsible.

Looking at the above issues, it’s obvious that if you’re hurt in an amusement park, it’s smart to talk to a legal pro. They can look at the details, figure out who’s at fault, and help the injured person seek just compensation for their injuries.

Safety Measures for Safe Enjoyment of PA Amusement Parks

Here are some safety tips for avoiding injuries in Pennsylvania amusement parks:

Follow Height and Age Rules: Always stick to the posted height and age restrictions for rides. These rules are there to keep everyone safe.
Pay Attention to Ride Rules: Read and follow all the rules posted for each ride. Listen to any warnings or instructions given by ride operators.
Secure Loose Items: Make sure to secure things like hats, glasses, loose change, and all personal items before getting on rides to prevent them from flying off and striking another person or getting caught in the works of a ride.
Use Safety Gear Correctly: Double-check that safety restraints, seat belts, and harnesses are correctly fastened and adjusted according to the ride’s instructions.
Stay Seated and Keep In: Stay seated throughout the entire ride and keep your arms and legs inside the ride to avoid accidents.
Keep an Eye on Kids: Watch kids closely, make sure they know and follow the safety rules, and go on rides with them when needed.
Report Anything Unsafe: If you see anything unsafe, like broken equipment or ride issues, tell park staff right away.
Be Cautious with Health Conditions: If you have health issues, think about them before going on certain rides. If you’re not sure, check with a healthcare professional.
Be Weather-Aware: Be careful in bad weather. Follow park rules if it’s raining, stormy, or very hot.
Listen to Ride Operators: Pay attention to what ride operators say and follow their instructions. They’re there to keep you safe.
Know Where to Get Help: Find out where first aid stations, emergency exits, and evacuation plans are in case something unexpected happens.
Understand Park Policies: Know the safety policies and rules of the amusement park you’re visiting.

Remember, your safety is important, so follow these tips to have fun and injury-free time at the amusement park.

Trust Our Northeast Philadelphia Legal Team to Pursue Compensation If You’ve Been Injured at a PA Amusement Park

If you get hurt at an amusement park, talking to a lawyer is essential. Personal injury lawyers like the ones at Cohen & Riechelson know the laws related to amusement park accidents in Pennsylvania. They’ll help you know your rights and decide what to do based on these laws. We can figure out how much you should get for your injuries, like medical bills, lost wages, and pain and suffering. Out attorneys work to make sure you’re compensated for everything. We can look at what happened and see if there’s a reason to take legal action. Our team will consider things like if the park was careless or didn’t maintain safety, and our lawyers are good at investigating. We can gather proof, like statements from witnesses, pictures, and documents, to build a strong case.

It’s important to know who’s to blame. A lawyer at our Pennsylvania injury firm can figure out if it’s the park, the ride makers, maintenance companies, or others linked to the accident. We can deal with insurance companies, making sure your rights are protected and skillfully negotiating for a fair settlement to cover your injuries. Legal processes can be confusing, but our lawyers know how to handle them. We handle paperwork, filings, and court appearances to make things easier for you.

Most importantly, our team of injury lawyers will fight for you and make sure you get the right compensation for your injuries and losses in Fairless Hills, Langhorne, Yardley, Bristol, Croydon, Bensalem, Philadelphia, and elsewhere in Pennsylvania. Call us today at (215) 337-4915 for a free consultation about your case.