Negligence Resulting to Amusement Park Accidents

In the year 2010 the International Association of Amusement Parks and Attractions (IAAPA) was able to record as many as 290 million amusement park tickets having been sold and about 1.7 billion rides enjoyed by visitors – figures that show and prove just how people love Amusement and Theme parks due to the never ending surprises, attractions and thrills that these offer. And every year it seems that more and more visitors go in search for much more thrilling rides, settling only on those that offer greater heights and much faster speeds.

Height and speed – two very important factors which designers of roller coasters and even water slides have began considering in the construction of new rides. These factors explain the existence of the Lex Luthor: Drop of Doom, which thrusts riders up to 400 feet from the ground before dropping them at the speed of 85 mph, the Millennium Force, acknowledged as the best steel coaster in the US which features a moment of zero gravity and a speed of 93 mph and a drop from a height of 300 feet, the 120-foot tall Summit Plummet, a water slide that is the tallest and fastest in the world, and the Kingda Ka, a 456-foot “rocket” coaster which allows riders to plummet towards the ground at 128 mph.

In the midst of excitement, however, are the dangers that have seriously injured or claimed the lives of a number of park visitors. Despite the accidents, the National Safety Council says that theme parks are still extremely safe, considering the fact that only 1,299 of the 290 million visitors in 2010 suffered injuries.

Like in so many other forms of accidents, those occurring in Amusement parks are also primarily due to people’s negligence or failure in properly maintaining rides, machinery and other equipment. The results of this negligence include structural failure, riders getting ejected from the ride, restraint system failure, brake malfunction, failure to use safety nets or the nets themselves failing to provide the needed cushioning, and so forth.

An injury brought about by the negligence of someone else is called a personal injury and, under the tort law, the tortfeasor (or the person at fault) can be legally required to compensate the injured victim. Seeking help from a Houston personal injury lawyer, whose competence far exceeds many others in the field of personal injury law, will prove beneficial to the victim, who will definitely need a very strong defense of his/her rights and interests.

Premises Liability Dangers

There is a lot of legal responsibility attached to being a property owner. The owner is liable for whatever harm or injury that individuals exercising reasonable care may sustain while on the premises if the harm or injury resulted from some sort of negligence on the part of the owner or renter. This is the basis for premise liability cases.

The law pertaining to premises liability will differ from state to state, but in general the owner is obliged to ensure the safety of the people that have a right to enter the property i.e. invitee, licensee. For example, if a homeowner asks a neighbor over for coffee, and the neighbor breaks a leg when a rotting floorboard gives way, the homeowner may be held liable for economic losses of the neighbor due to the injury. The owner knew or should have known that the house was dangerous property because of the rotting floorboard.

However, trespassers are generally barred from bringing suit against the homeowner in similar situations because their presence was unlawful in the first place. This exception does not apply to minors, who are presumed unable to appreciate the ramifications of trespassing.

The homeowner is also liable for any injury or harm that may result from activities on the property that impinge on neighbors, passersby, and individuals with legitimate business on or near the property i.e. garbage collectors. A good example would be asbestos abatement.

Older properties in the US have asbestos in or around the home in the form of insulation, floor tiles, roof shingles, and so on. Inspections using Polarized Light Microscopy (PLM) and Transmission Electron Microscopy (TEM) will reveal if there is asbestos on the property. If there is, owners should have it removed to avoid exposure, and it should be done by professionals. Asbestos abatement, if not done properly, can precipitate a health crisis in the area by releasing the fibers into the environment.