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Did You Fall at an Amusement Park or Fair? 4 Things To Do Next

February 6, 2024

Visiting an amusement or theme park is a great way to enjoy a fun day out with the whole family. But amusement parks also carry a higher risk of injury, damage, and even death. What should you know if you or a family member is injured in a fall at an amusement park? Here are four important tips to get the help you need to fully recover.

1. Report the Accident and Get Help

The first step toward proper resolution of your claim happens right away. Get prompt medical attention. Report the accident, injury, or damage to park staff immediately—no matter how large or small it was. Follow their safety and medical instructions as much as possible. Most parks have first aid personnel on-site, and they will often work with the fire department or other local emergency providers as needed. 

In the hours, days, and weeks afterward, diligently follow medical providers' instructions and follow up as recommended. 

2. Create Your Own Detailed Notes

As with most accidents, a lot is probably going on while an amusement park incident occurs. The more you record the surroundings in the moment, the better. Anything can be helpful to your case later on. Start by asking for the incident report created by park staff. This record provides a lot of details you may not already have access to. 

Most people have a phone handy at an amusement park, so use it now. Photograph the scene of the accident from many angles and distances. Take a video, even narrating it to make evidence clear or record your own account of the incident. Focus on key details, such as the icy ground where you fell. Talk to bystanders who may have witnessed something. Get contact information and ask them to write down what they witnessed. 

3. Learn About Negligence Law

Park operators owe what is known as a duty of care to invited guests. That duty of care requires them to provide a safe environment and protect invitees from hazards that they knew about or should have known about. The latter stipulation is important because ignorance is not necessarily a defense. If you slip on a certain part of the bathroom floor which is frequently wet, park owners should have known about the hazard, so park owners will not easily be able to defend this case.

What if you did something that may have contributed to the risk? Perhaps the kids were running or you were texting on your phone while rushing to a ride, for example, and you tripped over a badly-placed barrier. Your role generally doesn't negate the park's negligence or its liability. Why?

California follows a doctrine of negligence law called contributory negligence. This means that a victim who contributed to their own accident may still sue the other party for the part it played. The jury may assign a percentage of fault to each side based on their actions. Damages you are awarded would then be reduced by the percentage of fault assigned to you. 

4. Contact a California Attorney

Unfortunately for accident victims, the liable party may be a huge corporation such as Disney or Six Flags. And that creates a range of complications. It can be intimidating. You'll likely face additional paperwork and reporting hurdles. And the corporation comes armed with its own high-paid lawyers who will work hard to devalue and minimize your claim. 

Your best resource in this fight is a qualified attorney. Contact one as soon as possible. They will give you counsel that will help you develop a strong case—including how to use social media, communicate with corporate lawyers, obtain more evidence, and understand what your claim's real value is. 

No matter whether you or your loved one fell recently or the fair accident happened some time ago, the best place to begin is to meet with Frank Penney Injury Lawyers. We'll help you understand your rights, work with park owners, and negotiate the best financial outcome for your case. Call today to get started.


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When I first contacted the Law Offices of Frank D. Penney after my accident, I was frustrated with car insurance companies, and medical insurance companies; after all, I was in pain. He and his staff put me at ease instantly! It was such a relief to have someone working on MY BEHALF! They were able to settle my case for more than I initially thought it was worth. THANKS AGAIN!!!


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