Amusement rides are enjoyed by millions of Americans each year and can be found throughout East Tennessee. Rides can be featured in a fixed location, like a theme park, or could be assembled temporarily at a location such as a fair or festival. We are Knoxville Amusement Ride Attorneys here to protect you from injuries occurring at amusement parks or fairs.What Do You Do When You or a Loved One Has Been Injured on an Amusement Ride?
In our daily lives, we are all required under the law to exercise the same degree of care that a reasonable person would in a similar circumstance. However, some activities are held to a higher degree of care because of the type of activity performed and availability to the public. Under Tennessee law, an amusement ride operator is held to the highest standard of care. This means that an amusement ride operator must be more careful than a reasonable person in the design, construction, maintenance, inspection, and repair of the ride. The operator must act with an abundance of care for the safety of his or her patrons and thoughtfully consider the consequences to those patrons. If an amusement ride operator does not meet this standard, the operator may be liable for any resulting injuries.What Do You Need to Prove?
When the public is invited to come on a property, the individual or company, extending the invitation takes on a duty of care to provide a reasonably safe environment for all guests who enter the property. That duty of care could be to warn invitees about tripping hazards, slippery surfaces, ineffective handrails, among other hazards, created by the physical environment that create a dangerous or defective condition on the property.
Often a lack of proper training can cause injury on an amusement ride. This lack of training could cause a lifeguard to not respond or delay action at a wave pool resulting in serious injury or death. On an amusement ride, a lack of training or attention could result in injury because a patron isn’t properly secured or the ride isn’t stopped at the first sign of a problem. In either event, when the property owner creates an unreasonably dangerous condition that is neither corrected or guests reasonably warned of, the property owner can be held liable for the resulting injuries.
Further, if an amusement ride operator acts in reckless disregard for the safety of its patrons or their acts or omission reveal an indifference to the resulting consequences, they may also be subject to an award of damages beyond the actual harm caused to the patron. These damages are called punitive damages and are intended to punish or deter future wrongdoing. If an operator had actual notice of a danger to his or her patrons and thereafter riders were injured, The Tennessee Supreme Court has found that punitive damages are appropriate.Doesn’t the State Inspect Rides to Make Sure They are Safe?
Tennessee authorities do not conduct inspections of amusement rides. Rather, amusement ride operators are required to have a “qualified” inspector inspect the amusement device at least once annually to qualify that the device meets American Society of Testing Materials standards.
No one wants any injuries, serious or otherwise, as a result of accidents on amusement rides. A visit to a fair or amusement park is a fun time with family and should never end with a visit to the hospital, however, if you’ve been injured due to a property owners’ negligence, you need to contact our experienced lawyers right away.
Call the Lawyers of Brown and Roberto, Knoxville Amusement Park Attorneys, today. (865) 691-2777.