When Fun Turns Foul: Theme Park Accident Claims in Georgia

Summer is upon us, and for many Georgia families, that means a day at the theme park. Whether it’s Wild Adventures, Six Flags, or even a local county fair, theme parks are a top destination during the dog days of summer. But every year, some of those trips end not with happy memories, but with visits to the emergency room. Theme park accidents can result in serious injuries, and personal injury claims against theme parks often require the additional hurdle of overcoming liability waivers. As such, your best bet for success in a theme park claim is with the assistance of a Tifton injury lawyer. 

How Theme Park Accidents Happen 

Theme parks are complex ecosystems made up of many moving parts (literally and figuratively).  With dozens of rides, hundreds of employees, and thousands of visitors, the opportunities for mishaps are plentiful. Common causes of theme park accidents include: 

• Mechanical failure: Theme park rides are subject to significant wear and tear. When parks cut corners on maintenance, the consequences can be severe. 
• Operator error: While theme park employees undergo specialized training, the specter of human error is ever-present. An operator who fails to secure a restraint, for example, can cause serious injuries. 
• Defective ride design or manufacture: in some cases, the ride itself is the problem rather than how the park maintained or operated it. Products liability claims may arise when a defectively designed or manufactured ride causes injuries. 
• Unsafe premises: Not all theme park injuries occur on rides; unsafe premises, such as slippery walkways, broken stairs, or poorly lit ares can all contribute to injuries. 
• Negligent supervision: Most rides post height, weight, and health requirements for good reason. If staff fails to enforce those requirements, they may expose the park to liability. 

Of course, not all theme park accidents fit into the above categories; contact a Tifton injury lawyer for more specific information about your theme park accident. 

Who Can Be Held Liable? 

Liability for theme park injuries rarely falls on just one party. Georgia law allows for multiple defendants to be named in a single lawsuit, and fault can be apportioned among them. Some of the most likely candidates for potentially responsible parties are: 

• Theme park operators: The most obvious potentially responsible party is the theme park operator. Under O.C.G.A. 51-3-1, owners and occupiers of land have a duty to keep their premises reasonably safe for visitors. And since theme park visitors are classified as “invitees” under Georgia premises liability law, theme park operators owe them the highest duty of care. 
• Ride manufacturers: If a ride-related injury was due to a design or manufacturing defect rather than the theme park’s maintenance of the ride, the ride manufacturer may be liable under a products liability theory. 
• Third-party contractors: Many theme parks outsource various functions to contractors, such as ride maintenance, foodservice, security, and sanitation. If a third-party contractor caused the injury, they may be liable.

As a heavily regulated industry, theme parks in Georgia are also subject to the Georgia Department of Labor’s rules and regulations for theme park ride safety (Subject 120-3-27). Under those regulations, theme parks are required to obtain permits for rides, comply with various safety requirements, conduct periodic safety inspections, and keep maintenance and inspection records. Failure to comply with any of those regulations may constitute negligence per se, meaning that the breach of the regulation is treated as negligence without further proof. 

What if I Was Partially at Fault for the Accident? 

It’s not uncommon for theme park guests to be partially responsible for their injuries. This could occur, for example, where a guest exceeds the height or weight restrictions for a ride but the ride operator does not catch it, leading to the rider being injured. But partial fault does not necessarily bar a personal injury claim. Georgia follows a comparative negligence framework under which an injured plaintiff may still recover damages so long as their share of the negligence was less than 50%. The injured plaintiff’s recovery is reduced by the percentage of their fault. For more information about pursuing personal injury claims where you were partially at fault, please contact a Tifton injury lawyer. 

What About Liability Waivers? 

Liability waivers are agreements in which one party waives their right to sue another party for injuries or damages — even those caused by the other party’s negligence. If you’ve ever visited a theme park, you’ve almost certainly signed a liability waiver as a condition of entering the park. Such agreements can constitute major hurdles for plaintiffs when suing theme parks. 

Georgia courts enforce liability waivers, but only under strict conditions. See, e.g., Flood v. Young Woman’s Christian Ass’n of Brunswick, Georgia, Inc., 398 F.3d 1261 (11th Cir. 2005). Generally, for a waiver to be valid, it must be clear, unambiguous, and not contrary to public policy. Courts interpret liability waivers narrowly — any ambiguity in the terms of the waiver typically is resolved in favor of the party against whom enforcement is sought. 

But even the best-drafted liability waivers are not ironclad. Courts recognize several exceptions to their enforceability, the most relevant of which in the theme park context are gross negligence and non-inherent risks. Gross negligence refers to conduct that goes beyond mere mistakes; rather, it involves conscious or reckless disregard for the safety of others. Liability waivers protect theme parks only from ordinary negligence. Inherent risks are those that are innate to the activity at issue (e.g., being jostled on a roller coaster, getting motion sickness on a spinning ride, etc.). Non-inherent risks are those that are caused by something separate from the activity itself (e.g., injuries due to improperly maintained equipment, overcrowding leading to a crush, etc.). Liability waivers generally cover only inherent risks. 

Don’t Let Your Case Go Off the Rails; Contact a Tifton Injury Lawyer

Claims against theme parks tend to be more complex than the average personal injury claim. As such, you should seek the counsel of an experienced attorney if you’re considering suing a theme park. To get started, please contact a Tifton injury lawyer at the Hudson Injury Firm by calling 229-396-5848 or using our online form.