An Overview Of The Legal Rights Involved In Amusement Park Accidents In West Virginia

Did you know that amusement park accidents in West Virginia have been increasing in numbers? Yes, that’s right!

Rides in amusement parks in West Virginia are thrilling but very dangerous, but visitors are typically confident that they will be safe.

Meanwhile, there are times when these rides malfunction and accidents happen, causing a lot of injuries, including death.

Amusement parks in West Virginia are legally obligated to warn their patrons of potential hazards and protect them from harm.

“Your safety should be guaranteed when you visit an amusement park, and that is why legal rights are available when you get injured,” says attorney Geoff Brown of Bordas and Bordas Attorneys, PLLC.

This article explores the many legal rights of an individual injured in an amusement park accident.

Determining Liability In An Amusement Park Accident

To pursue a claim against the amusement park, you have to show evidence that the park was negligent.

Regardless of the type of injury you sustained or the claim you want to file, you must prove liability to prove negligence.

Therefore, to establish the negligence of an amusement park management in case of an accident, you must demonstrate these four elements:

• The amusement park owes you a duty of care to ensure the safety of its establishment.
• They breached it
• Their action or inaction caused the accident that caused your injuries – known as causation.
• There are actual injuries and damages due to the accident.

However, knowing when a theme park is liable in West Virginia is essential, and the answer is that it depends. Hiring a competent West Virginia personal injury lawyer dealing with these cases is necessary.

What Amusement Park Injuries Can You Sue For In West Virginia?

You can sue for any injury you suffered in a West Virginia amusement park. These include slips and falls, broken bones, traumatic brain injury, drowning, or an accident on any of the rides.

That you suffered an injury is not the issue; the main concern is how that injury happened.

For example, if you fell inside a pool while running, you may be unable to hold the theme park liable.

However, if a puddle caused by a leak caused the slip, then you may hold the owners of the park liable.

Amusement park owners are legally obligated to monitor and adequately maintain their property for their patrons’ safety.

Amusement Park Accidents In West Virginia: Common Ride-Related Injuries You Must Know

When you want to sue someone for Amusement Park Accidents in West Virginia, you must first know about the rights you hold to sue someone.

However, the type of injury from a carnival can be of different nature and depend on different factors.

There are some injuries that are practically common. Some of these injuries are related to reasons that the manufacturers of some rides are responsible for.

However, regardless of who is to blame, every passenger must think of their health issues before they prepare themselves for a ride.

Different Types Of Injuries

• Common examples of such injuries include head, neck, and back injuries. These types of injuries can instantly change the direction of the ride. The pre-existing head, back, or neck injuries should ride this type of ride with strong caution. Another common type of amusement park injury is from Whiplash.
• Traumatic Brain injury can happen from rides that impose G-forces on Passengers. This is especially risky for someone who has recently had a concussion or any other type of traumatic brain injury.
• As we said earlier, it’s critical to pay attention to one’s health before getting on a ride in an amusement park in West Virginia. Passengers with a head or neck injury must be cautious when taking one of these rides. These rides can cause them additional pain and neck trauma. Also, you must remember that fast rides are dangerous for people suffering from a neck injury and can cause brain aneurysms.
• Sometimes, mechanical malfunctions and improperly used rides can also lead passengers to have other types of injuries. Sometimes, it can happen when there’s a chance of being thrown around within the ride or being thrown out of the ride. Also, as a rider, one must abide by the instructions provided by the operators. If ignored, the safety instructions of the operators can harm you and also cause harm to others.

Legal Duty Of Care Owed By Amusement Parks To Patrons

Under West Virginia law, theme parks owe a duty of care to all their guests while on the premises.

A guest or patron is any person who enters the park with permission from the owner in exchange for a benefit, such as money.

This duty of care is the highest duty, meaning the establishment is responsible for inspecting the premises.

Also, it is understandable that a theme park encounters some setbacks, in which case they must inform their patrons.

Or, better still, they correct the dangers before the patrons arrive to avoid accidents that will lead to a suit.

It is your right as a patron to know if there is any issue with any of the rides you intend to take.

The management is bound by law to display the warnings in a conspicuous location so that every invitee can see and read them.

Bottom Line: Damages You Can Recover For Amusement Park Accidents In West Virginia

If you have suffered an injury in an amusement park accident in West Virginia, you can recover damages.

That would mean that you have suffered harm that has resulted in damages such as medical expenses and emotional distress.

The essence of the damage is to make you whole and restore your quality of life before the accident occurs.

It is not wages but compensation for the harm you suffered due to the theme park management’s negligence.

These compensations you can recover in a theme park accident in West Virginia include medical:

• Medical expenses
• Loss of income
• Loss of enjoyment of life due to a disability caused by the accident
• Pain and suffering
• Loss of earning capacity
• Wrongful death, in case the victim dies

We recommend working with a West Virginia lawyer who is knowledgeable in amusement park claims to increase your chances of recovering damages.

Read Also:

• What Riders Should Know About Motorcycle Accident Cases?
• Things You Need to Prove that Negligence Led to Your Personal Injury
• Personal Injury Law 101: How to Win the Case and Get Compensated!