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Amusement Park Accidents PDF Print E-mail
Written by karl   
Monday, 25 October 2010 03:12

Amusement Park Accidents

Who can be made liable?

Accidents can happen at anytime. This can also happen in places like the amusement parks where most people, young and old come together to experience the thrill in Amusement Park rides and other park attractions. Questions as to who could be sued or how can charges be filed may pose problem to the victim. For information about Amusement Park accidents, liabilities and claims visit Miamiesq.com and talk to our Miami Amusement Park lawyer.

Grounds to bring action against Amusement Parks injuries

For liability to attach in Amusement Park accidents and injuries, the following laws are taken into consideration by Miami Amusement Park Lawyer:

(1) Negligence or tort law. This is an action that can be brought against negligent park attendants and employees. Negligence is "the failure to use ordinary care" or the person fails to observe reasonable care through his act or an omission to do a particular act.

Negligence occurs when the following acts occurred:

  • Somebody does an act without observing or exercising reasonable amount of care that a reasonable person would use under any circumstances; or
  • Somebody does an act that a prudent person would not do under any circumstances.

(2) Product liability law. This is a claim that can be brought against the manufacturers of a defective amusement park rides.

(3) Premises liability law. This refers to the set of laws that makes an owner or possessor of a real property such as land where certain injuries or torts take place. The owner’s liability also extends to the surrounding area like public sidewalks or pathways used as an access in going to the amusement park.

The doctrine of “assumption of risk”

The “doctrine of assumption of risk” is an affirmative defense against neligence, also known as volenti non fit injuria. It prevent plaintiff from recovering against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks. This defense is commonly used in instances where injuries occur during risky recreational activities including actions in the use of amusement parks rides and other park attractions.

Miami Amusement Park Lawyer help

Only an experienced Miami Amusement Park lawyer can represent you effectively in court. Contact our lawyers at MiamiEsq.com or call No. (888) 338-3643.

Last Updated on Wednesday, 28 December 2011 16:40
 

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