Amusement Park Accident Lawyers in New Mexico
Amusement parks, carnivals, and fairs can provide a fun and enjoyable time for you and your family, and you expect them to be safe. Sadly, accidents can and do occur, which can turn a fun family outing into a nightmare. A ride malfunction, careless operator, or poorly maintained or erected equipment can all cause significant injuries or worse; these injuries may leave you unable to work while facing mounting medical bills.
If you have been injured at an amusement park, carnival, or fair, you should contact the experienced New Mexico injury lawyers from Zinda Law Group as soon as possible by calling (800) 863-5312. If we are not able to win your case, you will not owe us anything.
amusement park safety
Like most entertainment and leisure venues that are open to the public for business, amusement parks have an obligation to ensure their premises are safe. The International Association of Amusement Parks and Attractions (IAAPA) estimates that over a thousand people a year are injured in amusement parks. Among these injuries, the IAAPA estimates that 10 percent were serious injuries requiring hospitalization, and the frequency of serious injuries is on the rise; most injuries occurred on family and adult rides, followed by roller coasters and children’s rides.
It should be noted that these estimates only take into consideration information from fixed-place amusement parks and attractions, as no information from attractions such as traveling carnivals or fairs was able to be gathered. Without reliable information from these sources, the number of injuries each year is likely higher.
The lack of uniform oversight for amusement parks, carnivals, and fairs is a significant reason for the difficulty in obtaining accurate injury statistics; while temporary carnivals and fairs have some oversight from the Consumer Product and Safety Commission (CPSC), fixed installation parks are governed by local and state regulations. The limited ability of the CPSC to effectively regulate every small carnival and fair and lack of uniform regulation for fixed site amusement parks may allow park operators to operate less safely than they would otherwise. This lack of information and oversight also makes it more difficult to provide full transparency of the risks and dangers that may exist in these establishments.
is the amusement park liable?
Amusement parks, fairs, and carnivals must generally take any appropriate steps to ensure their rides and premises are safe for customers. While we may hear about terrible accidents where a ride goes wrong and results in serious injuries, many injuries may be much more mundane in nature, such as tripping and falling due to wiring running across the ground or debris. Amusement parks and other attractions may contain a variety of potential dangers if the proper precautions are not taken.
The main attractions at most amusement parks and attractions are the various rides. Amusement parks should ensure that rides are properly maintained, for poorly maintained rides may break down or operate in a dangerous manner. Traveling carnivals and fairs that frequently assemble and disassemble their rides must take extra caution, as this can cause increased wear and tear on parts; they must also exercise proper caution when erecting their rides to ensure that rides are assembled correctly and safely, so as to prevent accidents.
Attraction operators should also ensure the rides they choose to feature are well designed and are free from inherent flaws that may injury. If an injury occurs due to a mechanical failure or flawed design, the amusement park may be liable. A personal injury lawyer in New Mexico can help you determine whether your injuries were caused by a poorly maintained or badly designed ride.
Sometimes, even if the amusement park performs proper maintenance and ensures a ride is safe, the equipment may fail in an unexpected and unforeseen manner. If this failure was caused by a manufacturing or design flaw by the manufacturer and causes an accident, the manufacturer of the equipment may be liable.
Amusement parks should ensure that employees tasked with operating rides are well trained in their operation. A poorly trained employee may unknowingly operate a ride in an unsafe manner, which may cause patrons to be injured. Ride operators should also be sure to pay close attention to their work, and they must ensure that ride passengers are following proper procedures when boarding and disembarking from rides, and properly using safety features such as harnesses or restraints.
If an injury occurs due to an inattentive or poorly trained ride operator, the amusement park may be liable. A New Mexico amusement park injury lawyer may be able to help you prove an operator behaved in a negligent manner.
The grounds of the amusement park or carnival itself can be dangerous. Amusement parks must ensure that dangerous areas, such as an area that may be in the path of a ride at times, are properly closed off to the public. They should also ensure that premises are free from debris and spills, while warning customers of the existence of potential dangers.
Traveling carnivals and attractions may also have wires running along the ground in various places due to their temporary nature. These wires may pose a tripping hazard and cause slip and fall accidents, or in some cases, result in electrocution. Broken or uneven ground may also result in a slip and fall accident.
Amusement parks, carnivals, and fairs are naturally going to be high-traffic areas, with guests constantly leaving and arriving. Criminals may seek to take advantage of this, so amusement parks should take steps to ensure proper security on their premises and in parking lots. Premises and parking lots should be well lit and have security cameras and/or personnel when it may be warranted.
If you have been injured as a result of criminal activity at an amusement park, a New Mexico injury attorney may be able to help you prove the park was negligent in its provision for security. Depending on the specific details of your case and the nature of the accident that caused your injuries, the amusement park owner, product manufacturer, and/or ride operator may be liable.
common injuries suffered in amusement park accidents
A variety of injuries can be caused by accidents in amusement parks, such as:
- Whiplash caused by a ride stopping or starting too quickly, or by inattentive or inexperienced operators.
- Traumatic Brain Injuries (TBI) that may occur if the victim’s head strikes an object or is struck by an object.
- Broken bones, cuts, and bruising resulting from improperly utilized safety restraints or harnesses, as well as from slip and fall accidents.
- Drowning occurring in parks that have water rides.
- Burns caused by a ride catching fire during operation.
- Wrongful death caused by a serious accident, especially if the victim falls or is thrown from a ride while it is in operation.
It is important to remember that injuries you may have sustained after an amusement park accident may not be immediately apparent. Some injuries, like whiplash, may not become noticeable until a few days after the accident occurred. If you are involved in an accident at an amusement park, it is important that you seek medical attention immediately afterwards; this will help ensure you receive the medical care you may need as well as provide useful documentation of your injuries.
how can a personal injury attorney near me help?
If you have been injured in an accident at an amusement park, carnival, or fair, you should contact a New Mexico personal injury attorney as soon as possible. One reason a knowledgeable attorney is beneficial is because amusement parks usually have signs and other notices which inform you that you are participating in any ride or activity at your own risk. Amusement parks will often argue that your participation after seeing these signs means you assume any risk of injury.
However, this does not free them from their legal obligations to operate a safe venue for their customers. An attorney may be able to help you prove that the amusement park was negligent in its behavior, and this negligence caused the accident in which you were injured. An experienced New Mexico amusement park lawyer will be familiar with similar injury claims and be able to use this experience to help you seek the compensation you may be entitled to.
Compensation for injuries at an amusement park may include medical expenses, lost wages, and compensation for your pain and suffering. The amount and type of compensation you may seek is dependent upon a number of factors, such as the severity of your injuries and the nature of the accident. Often, the amusement park’s insurers will attempt to offer you a quick, but absurdly low payout; a skilled attorney can help you negotiate with the insurer to seek a more just compensation.
CONTACT a new mexico amusement park attorney TODAY
Amusement parks have a legal obligation to ensure their grounds and attractions are safe for their visitors. Their negligence could result in serious injuries to you or a loved one such as your child, along with missed work, expensive medical costs, or potentially, the loss of a loved one. Just like many businesses, amusement parks may be liable if their negligence is responsible for injury or death.
If you or a loved one has been injured in an amusement park accident, you should contact the experienced team of lawyers at Zinda Law Group. These amusement park lawyers can help you determine who may be liable for your accident and help you seek compensation for your injuries. Our attorneys will use their years of experience to analyze your case and help you understand what your legal options may be in order to pursue the maximum compensation you may be entitled to.
Meetings with attorneys are available by appointment only.