People who enjoy visiting New York amusement parks may have also heard about some serious accidents. For example, in May, a 10-year-old boy in California was thrown off a water slide at the park’s grand opening. He did not suffer any serious injuries, but it was necessary to close down some areas in the park.
A more serious incident occurred in 2016 in Kansas when a child was killed on a water ride. While the settlement was not disclosed, it was believed to be about $20 million. Both the owners and operators of the ride and the manufacturer of the raft in the ride were found financially liable.
Such incidents are rare, but manufacturers may carry insurance policies that cover these types of accidents. There may be general liability, excess liability and professional liability exposure. After an accident, it is necessary to determine who is at fault. While the product might be defective, in other cases, the operator might be at fault. For example, the ride may not be maintained correctly, or the operator may have failed to secure riders correctly or overloaded the ride.
This means that when a person is injured at an amusement park, it may be a case of premises liability rather than product liability. The idea behind premises liability is that the owner of a property is responsible for the safety of people who are on that property. This does not only apply in the case of major issues with equipment. For example, a premises liability case might revolve around a simple slip and fall accident when a floor is wet in a place of business. A person who is injured on property that belongs to another entity might want to have an attorney’s advice about how best to obtain compensation.
