Amusement parks can present special problems when an accident occurs. We urge you to call us so that your accident can be investigated promptly.
We have had New York clients who have gotten injured in amusement parks located outside New York. We urge that you call us so that your accident can be investigated promptly. For example, a Queens client was injured in the Great Adventures park in New Jersey. The laws of New Jersey apply.
Another problem is the “assumption of risk” defense where the injured party is an adult. The park will claim that the customer assumed the risk of injury since rides present some risks. Furthermore, some states have laws protecting amusement parks except in cases of gross negligence. Gross negligence is a much higher standard than ordinary negligence. As a practical matter, this might mean that an attorney cannot prosecute a case. For example, we had a young Long Island client who sustained a fractured nose when on a slide in a water recreation park in New Jersey. None of our New Jersey attorneys would accept the case since amusement parks are protected by statute. Also, the New Jersey amusement parks have an excellent track record in defending these cases.
Although we may have hurdles in getting a recovery, we still recommend that you consult an attorney. We have successfully pursued these cases, and we are willing to investigate your case.
Case example: We obtained a recovery for a client who tripped and fell over power cables in the old Astroland Amusement Park in Coney Island. The cables crossed a walkway and were uncovered.
Case example: We have a case before the Appellate Division where the client fell down stairs when exiting a thrill ride at Great Adventures Amusement Park in New Jersey. Although Great Adventures has records indicating that the step was in good order at the beginning of the day, we have a witness who says that the step was clearly loose.
Case example: We have a pending case involving a client’s blindness, where he participated in a paintball “battle” in a paintball park. The client was hit in the eye with a paintball. We claim that the referee, who was provided by the park, did not stop the game although our client signaled.