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Examining how assumption of risk applies to theme park injuries

Some of the clients in Marion County that come to see us here at the King Law Firm do so after having sustained accidents at theme parks. Given the number of attractions that the local area offers, this may not come as quite a shock to you. If you have also been injured while visiting one of the local amusement parks, you may be wondering what sort of legal recourse you may have to pursue compensation for the apparent negligence that caused your accident.

In dealing with accidents sustained by guests, theme park officials will often cite the legal principle of “assumption of risk” as a defense to liability claims. The National Paralegal College describes this as a person “explicitly or implicitly” agreeing to assume the risks inherent with any activities that he or she willingly agrees to participate in. In the case of amusement parks, officials are often quick to point out that your attendance should be viewed as you assuming the inherent dangers that may come from riding rides or viewing attractions.

However, in order for the assumption of risk principle to apply, it needs to be established that you could reasonably surmise what the inherent risks of a ride or attraction may be. For example, you likely would not anticipate that a certain structural element of a ride was in disrepair. If a failure of that element led to your injury, then you may potentially be able to counter an assumption of risk defense. The reason for this is because the negligence of the park or its employees is likely what lead to the ride being in poor condition. Thus, they may have to assume responsibility in this case.

You can find further information about property-related risks by continuing to browse through our site. 

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King Law Firm Ocala Personal Injury

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