By: Stacey Barker
Amusement parks are supposed to be a day of fun for everyone. However, accidents can happen, and sometimes they involve park employees. While amusement parks take extensive safety precautions, unforeseen situations can arise, especially when employee error is a factor.
Here’s where understanding premises liability comes in. In personal injury law, premises liability holds property owners responsible for injuries sustained by visitors on their property due to unsafe conditions or negligence. Amusement parks, with their inherent risks, fall squarely under this category. While mechanical malfunctions or guest actions can contribute to injuries, employee negligence can also be a significant cause.
Common Injuries Caused by Employee Error:
Employee-caused injuries at amusement parks can vary depending on the specific circumstances. One unusual recent case at Disneyland in California involved an over-exuberant employee dressed as the character Goofy. A woman visiting the park alleges the employee ran into her from behind and pinned her to the concrete floor while she was attempting to tie her daughter’s shoes. She claims the force of the tackle left her with serious injuries.
The case above is not common as employees dressed as characters are trained on how to interact at amusement parks. Nonetheless, other types of accidents caused by employees are much more frequent:
Improper Ride Operation: Restraint malfunctions, failure to follow safety protocols during ride operation, or neglecting to properly check ride mechanisms before dispatching guests can all lead to injuries.
Character Interactions Gone Wrong: Costumed characters bumping into guests in crowded areas can result in minor bumps and bruises. However, more serious injuries can occur if characters lose their balance or fall on guests, especially children.
Lack of Supervision in Water Activities: Lifeguards who fail to respond appropriately to emergencies or inadequately monitor designated areas can have devastating consequences.
Maintenance Oversights: Employees responsible for park maintenance who miss crucial safety checks on walkways, railings, or ride components could be liable for injuries resulting from those oversights.
The Training Issue:
Unfortunately, a potential factor in employee-caused injuries is inadequate training. Smaller amusement parks or traveling carnivals may prioritize speed and efficiency over comprehensive safety training for their staff. This can lead to situations where employees lack the knowledge or experience to handle emergencies or operate rides correctly.
Recent Examples:
Recent news reports highlight the dangers of employee error. In one instance, a young boy was injured at a Texas amusement park after a ride operator allegedly failed to properly secure restraints on a swinging pirate ship ride. In Florida a child was killed when he was allowed to get on a free fall ride even though he exceeded the weight limit by nearly 100 pounds.
These are just a few examples, and it’s important to remember that not all incidents make headlines.
What to Do if You’re Injured by an Employee:
If you’re injured at an amusement park due to employee negligence, here’s what you should do:
Seek Medical Attention: First and foremost, prioritize your health. Seek medical attention immediately to get checked out and document your injuries.
Report the Incident: Find a park employee and report the accident in detail. Request an incident report form and fill it out completely. Keep a copy for your records.
Gather Evidence: If possible, take pictures of the location of the incident and any visible injuries. Note the date and time and try to identify any witnesses.
Keep Receipts: Save all receipts related to your medical care, transportation, and any other expenses incurred due to the injury.
Contact an Attorney: Attorney J.J. Dominguez of The Dominguez Firm explains the importance of this step. “Personal injury cases, especially those involving employee negligence, can be complex. Consulting with a premises liability attorney familiar with amusement park accident cases in your jurisdiction can help you understand your rights, gather evidence, deal with insurance companies, and ensure you receive fair compensation for your injuries.”
Taking Action for a Safe and Fun Experience:
Recognizing the potential dangers of employee error and taking proactive steps to minimize them are crucial for a truly enjoyable experience at an amusement park. But if you’re injured due to employee negligence, remember the steps outlined above and seek legal counsel to ensure you receive fair compensation for your injuries. Let’s work together to prioritize safety and create happy memories at amusement parks, not injury claims.
Disclaimer: “The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.”
Published by: Martin De Juan
