Amusement parks are planned to be entertaining and thrilling for families, adrenaline junkies, and people of all ages. From roller coasters and water slides to Ferris wheels and bumper cars, these rides and attractions are all about entertainment with some built-in risks. The majority of the time, visitors leave with fantastic memories, but accidents do and will occur, sometimes with dire results.
If you or a family member has been hurt at an amusement park in California, you may be able to recover compensation for your damages. Knowing your legal rights and the best way to hold accountable parties liable is very important, and an experienced amusement park accident attorney can guide you through the challenging legal process.
Making a claim for an accident requires strong evidence, proof of liability, and negotiation with insurance companies—frequently while recovering from injuries. Without legal advice, most victims get shortchanged or fail to establish fault. This guide explains how accident claims work in California, the amount of compensation you are likely to receive, and how an attorney can help your case.
Understanding the Risks: Common Causes of Amusement Park Accidents
Amusement park injuries can result from a variety of hazards, including:
- Mechanical Failures – Malfunctions in rides, e.g., uncontrolled stops, restraint malfunctions, or structure failures, lead to serious injury or death.
- Operator Error – Ride operators fail to secure restraints properly, neglect safety guidelines, or operate rides negligently.
- Slip and Fall Hazards – Discrepancies in pavement surfaces, slippery walkways, and neglected pathways predispose to slip-and-fall accidents.
- Falling Items – Loose ride parts, dropping park trimmings, or loose equipment may hit and harm guests.
- Insufficient Safety Warnings – Rides with high forces or height limitations need proper warnings to save guests with medical conditions.
- Guest Carelessness – Although most accidents are a result of park carelessness, some accidents take place as a result of a guest not adhering to safety procedures.
- Foodborne Illnesses – Inadequate sanitation at concession stands may result in food poisoning, leading to severe health complications for visitors.
Injuries Sustained in Amusement Park Accidents
The injuries resulting from amusement park accidents can range from minor to life-threatening. Some of the most common injuries include:
- Broken Bones and Fractures – Broken ribs, arms, or legs can result from high-impact rides or slip-and-fall incidents.
- Whiplash and Neck Injury – Unforeseen motions on rides lead to extreme neck strain or whiplash.
- Head Injuries and Concussions – Falling off, ride malfunction, or rough landings can lead to traumatic brain injuries.
- Spinal Cord Injuries – Catastrophic accidents can result in partial or complete paralysis.
- Drowning Incidents – Water parks pose risks such as near-drownings, chemical burns from improperly maintained pools, or infections from unclean water.
- Burns and Lacerations – Electrical failures, explosions, or ride malfunction can cause burns, deep cuts, or serious abrasions.
Who Can Be Held Liable for an Amusement Park Injury?
Determining liability in an amusement park accident depends on the circumstances of the incident. Several parties may be responsible, including:
- Amusement Park Owners and Operators – Parks have a duty to ensure that all rides and attractions are in compliance with safety regulations. Neglecting to maintain, inspect, or repair equipment can result in liability.
- Ride Manufacturers – If a ride has a manufacturing defect or design flaw, the manufacturer of the ride can be held liable.
- Third-Party Vendors – Merchandise or food vendors in the park can be held liable for injuries or illnesses that result from their products.
- Park Employees – In case of an accident that results from the negligence of an employee, the amusement park will be liable under employer liability laws.
What to Do After an Amusement Park Accident
If you or a loved one is injured at an amusement park, taking the right steps can help protect your health and legal rights:
- Pursue Immediate Medical Care – Despite the fact that injuries might be minor, a few conditions, including concussions or internal injuries, may not be immediately observable.
- Report the Accident – Call the park management or security and get a written report of the accident.
- Document the Scene – Photograph and film the scene of the accident, ride, or hazard responsible for the injury.
- Collect Witness Information – If others saw the accident, obtain their contact details for future statements.
- Do Not Sign Anything Without Seeking Legal Advice – The insurance agents from the amusement park will attempt to downplay your claim. See an attorney before giving statements.
- Save Evidence – Retain medical records, receipts, and all communication with the amusement park or insurance providers.
What Compensation Can You Recover After an Amusement Park Injury?
If you were injured due to negligence, you may be entitled to compensation for:
- Medical Expenses – Pays for emergency care, surgeries, rehabilitation, and future medical treatment.
- Lost Wages – If your injury keeps you from working, you can recover compensation for lost wages.
- Pain and Suffering – Covers emotional pain, PTSD, and how the injuries affect your everyday life.
- Permanent Disability or Disfigurement – In the event of permanent impairments, victims can get more compensation.
- Wrongful Death Suits – The families of the victims killed in an accident at an amusement park can pursue a wrongful death suit.
The Legal Challenges in Amusement Park Injury Claims
Filing a personal injury claim against an amusement park can be complex due to:
- Waivers and Liability Releases – Most parks have visitors sign liability waivers. These do not always excuse victims from seeking legal recourse, however, particularly in instances of gross negligence.
- Multiple Responsible Parties – It may be hard to determine liability if there are several parties involved, like park owners and ride manufacturers.
- Insurance Company Strategies – Amusement parks and their insurance companies will attempt to underpay your claim or deny coverage in some instances.
- California Statute of Limitations – Victims of injury generally have two years from the date of the accident to bring a lawsuit. Waiting too long can mean losing the right to compensation.
Moreover, stringent statutes of limitation provide time constraints within which to file claims, and it is therefore imperative for victims to be prompt. Knowing these laws enables victims of accidents to understand the legal process, defend their rights, and receive the compensation they qualify for in the form of medical bills, lost income, and other damages.
How an Amusement Park Accident Lawyer Can Help
A skilled amusement park accident lawyer in California can:
- Investigate the cause of the accident and identify liable parties
- Collect and present evidence to support your case
- Negotiate with insurance companies to secure a fair settlement
- File a lawsuit if a fair settlement cannot be reached
- Represent you in court and fight for maximum compensation
Why You Should Act Quickly
Time is critical in amusement park accident cases. Evidence can disappear, memories fade, and legal deadlines can expire. Consulting an attorney as soon as possible ensures that your rights are protected and increases your chances of receiving the compensation you deserve.
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
