Claims Against Amusement Parks, Fairs & Carnivals
If you watch the news, or read the newspaper, you can't help but see stories about the rampant number of injuries, and even fatalities, caused by the negligence of amusement parks, fairs and carnivals. Cases range from unsafe rides to hazardous conditions on the grounds of the park.
As always, an illustration by way of a case that Mr. Gelb handled/is handling is likely to be helpful. Mr. Gelb is working on a case against Six Flags Amusement Park. In this situation, two of Mr. Gelb's clients were stuck on a roller coaster ride for several hours before being rescued. When the ride was stopped, the passengers were left in an extremely uncomfortable, unnatural position, which put considerable stress on the clients' bodies, causing significant injuries. Proving negligence in this case is rather simple, and the legal theory of res ipsa loquitor applies; the theory states that the act could not have occurred absent negligence on someone's part. Whether that someone is a park employee or sub-contractor, may need to be determined (to decide who ultimately pays the claim), but proving negligence is not difficult. Of course the damages are determined by the diagnosis, prognosis, length of treatment, amount of bills and wage loss.
As always, please consult with a qualified injury lawyer, such as Roger Gelb, if you or a loved one is injured at an amusement park, fair or carnival.