A trip to Silver Dollar City or Six Flags is almost a guarantee for an amazing day. Unfortunately, these parks do have some inherent dangers. For example, be prepared with plenty of water and rest whenever you need it. Guests take some assumed risk whenever they visit a Missouri theme park. Though accidents related to faulty equipment are rare, they do happen. If an amusement park accident injures you, reach out to an expert attorney experienced in the state’s laws for more information.
Assumed Risk and Premises Liability
Who is liable in an amusement park accident? In Missouri, getting to the bottom of any damages that park goers suffer boils down to premises liability and assumed risk laws. These regulations govern all staff and equipment on the property, from its sidewalks and water fountains to rollercoaster and performers. When a plaintiff meets with an attorney to go over the case, he or she will review some important details.
For example, was the plaintiff on the grounds legally? An attorney will first identify whether a person was an invitee to the park or a trespasser. Even trespassers are entitled to a certain standard of care on the grounds, but if a person breaks into a prohibited area, his or her rights following an injury will likely be limited.
If a park fails to remove an obstacle and keep the grounds reasonably safe, for instance, even a legitimate guest may become injured. This is a breach of duty, and the park owner or organization will likely be held liable for damages. A trespasser may also not be aware that he or she has entered a closed area, which can make these cases especially complicated.
Understanding Missouri Amusement Parks’ Duty of Care
In addition to the physical property, all rides must maintain safety checks and adjustments as well as thoroughly documenting them. This includes monitoring restraints and harnesses, breaks, cables, and queue lines. Neglecting these duties can lead to a range of accidents, including:
- Car derailment
- Slips and falls from heights
- Being stranded in a rollercoaster vehicle
- Drowning
- Being ejected from a ride
Amusement parks must also ensure employees responsibly control the rides with adequate supervision and clear instructions for how to safely board, exit, and ride in a vehicle. Indeed, those “keep your hands inside the vehicle” warnings and height requirements are serious. Distracted employees who permit unsafe behavior and a business that fails to demarcate proper warnings are certainly grounds for lawsuits in Missouri.
Finally, there are other safety concerns that extend beyond the rides and physical property. For example, restaurant areas must process and prepare food properly, and if animals are part of an attraction or show, their handlers must take all precautions.
Speak with an Injury Attorney Today for More Information
When people take their families out to theme parks for the day in Missouri, the last thing they expect is a serious accident. Unfortunately, thousands of these cases happen every year. Whether you believe an employee negligently operated a ride, you suffered a needless injury due to a manufacturer defect, or the park failed to maintain an attraction, speak with a Kansas City personal injury lawyer as soon as possible. Premises liability and product liability are exceedingly intricate, especially when they overlap.
These businesses and their workers are held to high standards to keep all patrons safe, even if they wonder off into an employees-only area. There are dozens of fantastic entertainment options in Missouri, but make sure you know your rights before heading out for an awesome day. If you have any questions or want to go over your legal options following an injury, contact the Dickerson Oxton legal team.