Posted on: 12 January 2015
Rides at carnivals, festivals and fairs are part of the attraction for most people who attend them, but there is a dark side to these things, too. Although the incidence rate is low, you could still be a victim of ride injuries or someone you know could suffer a fatality. The most unfortunate thing about these injuries and fatalities is trying to prove who is at fault, since it is very difficult to locate ride witnesses long after the incident happened.
If you think you or your family are due some type of compensation for injuries or fatalities on an amusement ride, you need to be proactive and prompt:
Amusement Park Rides Continue to Tally up Deaths
Over twelve hundred people were injured on rides in 2011, and about fifty people lost their lives in a single year just a few years before. Fatalities always mean wrongful death lawsuits for the park owners and ride operators, but they can only be proven if an investigation is conducted immediately.
Sometimes the rides are just shut down for maintenance and not much is done to investigate further unless the family of the deceased intervenes with a lawyer's help. If the problem is not investigated and the park is allowed to fix the ride and continue as usual, someone else could be injured or lose his/her life to the same ride.
The "He Said, She Said" Problem
Owners of amusement rides will state that the accident occurred due to the negligent behavior of the rider. Since many accidents of this particular type do happen because people ignore the safety rules, your case could be tossed out of court or the judge could find in favor of the rides' owner. If you are trying to prove that there was negligence on the owner's part, and poor maintenance of the ride caused the accident, it will turn into a "he said, she said" episode unless you have several witnesses that can back you up.
To Win Your Case
You absolutely have to request a thorough investigation of the ride and the scene of the accident. You also have to have statements from the witnesses that were there and saw the accident as it occurred. Any witnesses that your lawyer can find that attest to the malfunctioning of the ride prior to your turn on it will help as well. If you disobeyed any of the safety rules or the deceased ignored the safety rules, you will need to share these details with your wrongful death lawyer as well because they could come out during the trial/pursuit of the lawsuit.
If you need more help, try contacting a company like Master Weinstein Shatz Moyer, P.C. with any questions you have.Share