Amusement parks should be fun, but accidents can lead to serious injuries or deaths. If you are harmed or lose your loved one due to negligence at an amusement park in Nevada, the state laws allow you to file a lawsuit. You can take legal action to recover medical expenses, other losses, and pain and suffering from the amusement park accident. Alternatively, you can file a wrongful death claim if a fatal accident occurs.

These lawsuits usually involve demonstrating that the amusement park did not maintain safe conditions, negligently operated rides, or inadequately trained employees. However, you also have to consider Nevada’s comparative negligence rule, which could reduce the compensation you will receive for the portion of your fault if the jury finds you were partially to blame. Seeking legal advice ensures your rights are protected and you receive the compensation you deserve.

How do I go about filing a lawsuit against the amusement park? The information below answers this question.

Types of Accidents that Occur in Amusement Parks

Amusement park activities could cause accidents that result in injuries or fatalities. Negligence, mechanical failure, and human error can cause accidents despite implementing safety measures. 

Some of the common accidents include:

Ride Malfunctions and Mechanical Failures

The most significant dangers can come from defective rides. In an unfortunate incident in 2017, a ride called FireBall broke apart and injured people when it was running at the Ohio State Fair. Tyler Jarrell, 18, was killed by the malfunction, with seven more sustaining injuries. The case stressed that rides must be thoroughly checked, especially those operating in extreme conditions. 

Amusement parks must follow safety protocols, but malfunctions due to negligence and design could lead to disaster.

Operator Negligence and Human Error

Rides can be dangerous even when they are working fine. If the operator is poorly trained or negligent, they can make the ride unsafe. 

In 2021, Glenwood Caverns Adventure Park in Colorado was found liable for the death of six-year-old Wongel Estifanos. The park staff did not notice her sitting on her seatbelt instead of being strapped in properly. 

The responsibility of enforcing strict operational protocols lies with the park and workers. When negligent acts of a park employee cause an injury, it can give victims grounds to file a personal injury lawsuit.

Slip-and-Fall Accidents

While ride malfunctions often dominate, slip and fall cases are one of the most common injuries in amusement parks. 

When surfaces are wet, uneven, or poorly maintained and pathways have tripping hazards, individuals may seriously injure themselves. 

These slip-and-fall accidents are common amusement park injuries that can result in broken bones, a concussion, and spinal injuries. It could be negligent if the park fails to maintain safe walking areas or warn you of any danger. A person who is hurt at the premises of another can pursue compensation under Nevada’s premises liability law. An injured visitor could receive compensation for medical bills, lost wages, and pain and suffering.

Health-Related Injuries and Extreme Ride Forces

The forces at work in extreme rides that also operate at high speeds can cause injury to people with health issues. In 2016, a water slide accident at Schlitterbahn Waterpark killed Caleb Schwab, who was the 10-year-old son of a Kansas state legislator. The forces acting on his body contributed to a fatal injury, resulting in the permanent closure of the ride. 

Amusement parks must disclose the health risks associated with their rides. If a ride operator fails to warn guests about possible dangers, victims may have a case against them.

Falling Objects and Unsecured Items

Objects that are not secured can fall from the rides, causing injuries. Phones, keys, and other items often fall on guests. Even though parks require people to put their belongings away before boarding, they do not consistently enforce these rules, and accidents can happen. Visitors could sue a park if it fails to take adequate safety precautions, resulting in injuries.

Wrongful Death Claims in Amusement Park Accidents

Amusement park accidents that cause deaths could be the subject of wrongful death claims. This was the case in 2001, when Lori Mason fell off a perilous plunge at Knott’s Berry Farm due to insufficient restraints, leading to her death.

Under Nevada law, surviving family members can file a wrongful death claim if negligence caused their loved one’s death. A jury could award you compensation for funeral expenses, loss of financial support, and emotional suffering.

How to Prove Negligence in Amusement Park Injury Lawsuit

Amusement parks are responsible for keeping people safe and trying to prevent accidents from happening. An amusement park will be liable if it fails to uphold this duty and an injury occurs due to negligence. To win a lawsuit, you have to prove causation by showing a direct link between the park’s failure and the harm suffered.

You can pursue your lawsuit-based negligent acts, some of which include the following:

Inadequate Ride Maintenance and Inspection

Amusement parks should inspect and maintain their rides and attractions at regular intervals. If they fail to do so, they will malfunction. If a ride collapses or malfunctions due to a lack of maintenance, negligence is connected to injury.

For example, if the track of a roller coaster becomes unsafe and a car comes off that track and you sustain an injury, the park is negligent because the park failed to inspect the rollercoaster’s track.

Faulty Ride Design and Manufacturing Defects

Problems with the design of a ride or its manufacture can pose a serious danger. If a ride’s safety mechanism fails because of a design defect they already knew, and the park or manufacturer did not fix, they will be liable. You must show that the defect caused the accident. 

For example, if a restraint system fails and ejects a rider, the flaw will hurt or kill the rider.

Operator Negligence and Incompetence

Operators of the ride must be suitably trained to handle the rides and secure the restraints of all riders. If an incompetent employee makes a mistake, the amusement park can be held responsible. Linking the operator's deed to the injury requires establishing causation.

Lack of Adequate Ride Warnings and Instructions

Parks must inform ride patrons of risks, restrictions, and ride instructions. If the signs are not posted, guests could inadvertently put themselves in danger. Causation, in this case, requires proving that the failure to warn caused your injury or the death of a loved one. 

For example, a high ride should have adequate signage that states medical conditions that could prevent you from riding. If you board the ride while you have heart issues and suffer a medical emergency, you can pursue a lawsuit against the park.

Ride Safety Standard Violations

Amusement parks must follow safety requirements like height, weight, and health restrictions when operating their rides. In these cases, you must show the violation caused the injury. A classic example is when a child who is too small for a roller coaster is ejected from his/her seat. The park would be liable if it had failed to enforce restrictions, as this caused the automobile accident.

Distracted or Impaired Ride Operators

Ride operators must remain focused and alert at all times. If they are distracted or impaired, they could miss important safety steps and cause an accident that could have been avoided. Your lawsuit will be successful if you can prove that the operator's state directly caused the accident.

Unsafe Walking Surfaces

Rickety walkways, including slippery, uneven, or broken surfaces, are a slip-injurious agent.

Parks need to fix hazardous conditions promptly to avoid falls. The park is liable when a guest trips over a puddle or a wet area that is not marked since they could have kept it safe. To prove causation, you must show that the dangerous condition actually caused the fall and harm.

In all the above scenarios, you need evidence directly linking the park’s negligence to the injury. This could include maintenance logs, expert opinions, witness accounts, and video footage. If you can prove the park’s negligence caused the accident, you can hold amusement parks responsible and secure compensation.

Assumption of Risk in Nevada Amusement Park Injury Cases

The doctrine of “assumption of risk” is key in amusement park lawsuits. Because Nevada applies comparative negligence, your actions could affect your ability to recover damages. When you participate in activities that have a risk of injury, you accept those risks. If you board a roller coaster or engage in thrill-seeking activities, you accept the possibility of injury due to the nature of these experiences.

The primary assumption of risk applies to an activity when the nature of the activity has an inherent danger. These activities include:

  • High-speed rides
  • Sudden drops
  • Water slides

If you experience dizziness or feel a minor strain, the amusement park will argue that you were aware it could happen and accepted it when you decided to go on the ride.

However, this doctrine has limits. A secondary assumption of risk occurs when you see a risk but continue anyway. In this context, the park’s negligence becomes critical. If a ride malfunction happens because the park did not maintain it properly or did not follow safety protocols, and you understood that the ride could be dangerous, the park could still be liable.

Nevada’s comparative negligence rule complicates your case further. Thanks to this rule, which allocates blame proportionally, you can still recover compensation even if you were partially responsible for the accident. If you are found partly responsible for your accident, your damages will be reduced by the percentage of your culpability. 

Let us say the safety harness system has a proper working mechanism. You go ahead and unbuckle the harness even after having the labels that instruct you not to. In this case, the court will assign you a share of blame, for example, 30%. Your damages will be reduced by 30%. However, you cannot recover damages if you are more than 50% to blame.

Amusement parks regularly use the assumption of risk to defend themselves. Most have a waiver that guests must sign or allow for some kind of notice regarding a risk. These warnings must define foreseeable hazards and correspond to the actual source of your harm. If you are injured due to a hazard not covered in the waiver or if the park’s negligence exceeds reasonable expectations, this defense will not hold. However, the park cannot use these waivers as a defense if it does not maintain safety.

Causation and negligence are still key issues in these cases. Your assumption of the risk does not absolve the park of liability if its actions caused the injury beyond the type of injury generally expected from using the ride. If a ride’s maintenance is ignored, or if a ride operator fails to secure a safety restraint properly, the park’s negligence becomes the primary issue in your case. 

A jury will decide how much risk you took vs. how negligent the park was for your injury. They will also consider your culpability in the state of Nevada. If your injury resulted solely from the inherent risks of the ride, your claim may be limited. However, if the park failed to follow safety standards or neglected to address preventable hazards, you could have a good case for compensation.

Damages You Can Pursue in an Amusement Park Lawsuit

You can seek compensation for injuries suffered at an amusement park due to their negligence. Alternatively, if the accident is severe enough to cause the death of your loved one, you can file a wrongful death claim. Courts award damages to address the harm you have experienced, whether financial, emotional, or, in extreme cases, punitive, to punish reckless behavior.

Compensatory Damages

Compensatory damages pay for both economic and non-economic losses. 

You can recover economic damages for the following:

  • Medical bills
  • Lost income 
  • Funeral and burial costs for wrongful death cases
  • Loss of future wages as assessed by the court

Non-economic damages refer to losses related to pain and suffering, emotional distress, and loss of enjoyment of life. In wrongful death cases, ‘loss of consortium’ damages are compensation paid to surviving family members for the loss of companionship and support of the deceased.

Punitive Damages

If the amusement park's actions are more than negligent and are grossly reckless or intentional, courts could impose punitive damages on the park. To win punitive damages, you must show the park acted with malice, oppression, or conscious disregard for safety. 

For example, if park personnel intentionally misled visitors about the safety of rides, the park could be subject to punitive damages. Other actions that attract punitive damages include operating rides with known defects and ignoring repeated safety warnings.

Nevada limits punitive damages to the greater of three times compensatory damages, or $300,000. However, no cap applies if the conduct was for financial gain, such as cutting safety to increase profits.

The juries will determine whether or not to impose punitive damages. They take into account the following:

  • The seriousness of the amusement park's actions
  • Need to prevent any future misconduct
  • Any relevant civil punishments

The jury assesses how much should be awarded for damages depending on the gravity of the harm and culpability of the park.

You will need compelling evidence proving the park was negligent or there is a case of misconduct. This would include:

  • Maintenance records
  • Eye-witness testimonies
  • Expert testimony about safety violations
  • Previous incidents involving the same ride or attraction

If the park failed to inspect or maintain rides correctly, was unable to follow safety protocols, or failed to address known risks, you could show they are legally liable. Doing so will increase your chances of securing full compensation.

Statute of Limitations

In Nevada, there are deadlines for filing a wrongful death and personal injury lawsuit against an amusement or theme park.

If a person is killed, the park can be sued for wrongful death. The claim must be filed within two years of the death of the person in question. You have two years from the date the injury was or should have been discovered to file your lawsuit for personal injuries that occur at these venues. A few important things can influence these deadlines, namely:

  • If the injury was not immediately apparent, then the statute of limitations could be extended — The clock starts from the moment you discovered the injury or the moment you should have reasonably discovered it.
  • If you are a minor, the statute of limitations may be tolled until you reach the age of majority or for a certain period after the incident.
  • Certain exceptions could change the statute of limitations. For example, if there is some fraud or the defendant left Nevada. These could pause the countdown.
  • If your claim is against an injury that took place in a government-operated park, the timeline is usually a lot shorter. In these situations, you will need to take action within six months to one year and could require a specific notice.

While Nevada’s modified comparative negligence system can affect the amount of compensation you could receive in a personal injury case, it does not alter the statute of limitations.

Find a Las Vegas Personal Injury Attorney Near Me

Amusement and theme parks are supposed to be fun and exhilarating, where you can make memories with family and friends that will last a lifetime. Unfortunately, accidents can happen at amusement parks, and what was supposed to be a happy day could become tragic due to an injury or even death. 

If you or a loved one has suffered an injury or wrongful death at an amusement park, you need to act quickly and know your legal rights. Our team at Las Vegas Personal Injury Attorney Law Firm can assist with your claim and ensure you receive the compensation you deserve. Call us at 702-996-1224.