Amusement parks are places where many families have fun and make memories. However, those moments can be quickly marred when accidents occur that seriously injure or kill park goers.
A man was critically injured in an accident involving a roller coaster at a Mason, Ohio, amusement park recently. He was attended to by King’s Island medical staff, and taken to an area hospital, but succumbed to his injuries.
If your family member died due to injuries caused by someone else’s negligence, you have options. Contact our Cincinnati wrongful death lawyers at Young, Reverman & Bolotin at 513-400-0000.
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Common Types of Fatal Amusement Park Accidents
When fatal amusement park accidents happen, the consequences are often devastating for victims and their families. Numerous factors may contribute to these types of accidents, including mechanical failures, human error, and design flaws. The most commonly occurring types of fatal amusement park accidents include:
Roller Coaster Accidents
While one of the most popular attractions at amusement parks, roller coasters can also be one of the most dangerous. Mechanical failures, such as broken chains or malfunctioning brakes, can lead to catastrophic accidents. Human error, including not properly securing riders and operating the ride at unsafe speeds, can also create safety risks.
The man was not a rider on the roller coaster at the time of the accident. Rather, he had entered a restricted area trying to get his lost keys. The ride struck the 38-year-old man. Prior to going into the gated off area, a park employee told him they could not help retrieve his lost item until the ride was closed.
Water Ride Accidents
Water rides, such as water slides and wave pools, can also be dangerous if they are not operated and maintained correctly. Fatal water ride accidents may involve drownings due to riders who cannot swim or who get stuck in strong currents. Chemical spills and leaks can cause severe burns to riders, and slippery surfaces around water rides can lead to falls and injuries. In such cases, you may ask, “Who can you sue if your child is hurt at a water park?”
Slip-and-Fall Accidents
Slip and fall accidents are a common cause of injuries at amusement parks. In some cases, the injuries suffered in such accidents are fatal.
Slip-and-fall accidents occur due to ranging reasons, including slippery surfaces, poor lighting, and tripping hazards.
Assaults and Violent Incidents
While less common, assaults and violent incidents can occur at amusement parks. Factors that may contribute to such incidents include alcohol consumption, particularly over-serving, as well as disputes and a lack of security.
Amusement Park Liability
Ohio law requires amusement park owners and operators to provide a safe environment for their patrons and visitors. Their responsibility extends to all aspects of the park – from the attractions and rides to the walkways and common areas.
Negligence
Negligence is the failure to use reasonable care in situations where such care is required. As such, in the context of amusement parks, negligence can occur when a property owner or operator fails to properly maintain equipment, provide adequate supervision, implement safety procedures, and warn of hazards.
It was not clear whether the gate the man entered the restricted area through was locked. A witness said the victim’s clothing was similar to the park employee uniforms, and some thought he was a worker or manager.
The Duty of Care
The duty of care that amusement park owners and operators owe their patrons and visitors is a high one. As such, they must take reasonable steps to prevent accidents and injuries. While the specific steps that must be taken will vary depending on the circumstances, these preventative measures may include:
- Conducting regular inspections to ensure the rides and attractions are in operating condition and free of safety hazards
- Providing training for staff on how to operate the rides and attractions safely, and how to respond to emergency situations
- Establishing emergency procedures to respond to accidents and injuries, and familiarizing all staff with these protocols
- Posting safety signs and warnings for areas where hazardous conditions may exist
According to reports, the gate the man went through prior to the fatal accident at King’s Island was marked restricted.
A Breach of Duty
A breach of duty occurs if an amusement park owner or operator falls short of their legal obligation to provide a safe environment for their patrons and visitors. For instance, this may happen because they neglect to regularly inspect rides and attractions or to repair defects, fail to adequately train staff, neglect to adequately monitor the rides and attractions, or fail to appropriately warn of hazards.
Accident Causation
To establish negligence in a wrongful death case, plaintiffs must show the breach of duty by the amusement park’s owner or operator was the direct cause of their injuries. To this end, they will need to provide evidence that their injuries would not have occurred but for the amusement park owner or operator’s negligence.
Pursuing Compensation for Wrongful Death in Chicago
When the negligence of amusement park operators or owners results in the death of a park visitor, the visitor’s family may pursue a wrongful death claim. While nothing can bring back their lost loved one, such lawsuits provide an opportunity to recover compensation for their associated losses.
Through a wrongful death claim, a decedent’s family may seek economic damages, including associated medical bills, funeral and burial costs, and lost wages. They may also pursue compensation for non-economic losses, including pain and suffering, loss of consortium, and loss of instruction, moral training, and superintendence of education provided by a parent.
Who Can File a Wrongful Death Lawsuit?
If you’ve lost a loved one in an accident, you may ask, “Who can file a wrongful death lawsuit in Cincinnati?” The Ohio Wrongful Death Act allows such lawsuits to be brought by the personal representative of a decedent. If there’s no such representative named in a will, the court will choose a close relative to fulfill this role. Generally, the court will name a surviving spouse, adult child, or parent.
Wrongful death lawsuits are filed on behalf of the decedents’ estates. The amount recovered through a wrongful death claim, then, would be distributed in accordance with the terms of the victims’ wills.
Investigating the Accident
Investigating the accident, and gathering evidence, can be an important step in protecting the rights of the deceased, and his or her estate. To this end, they or their wrongful death lawyer may gather evidence, such as photographs and videos of the injuries and scene, witness statements, and medical records. It is also advisable to secure the scene by contacting the authorities as soon as possible after a fatal accident.
The Ohio Department of Agriculture’s Division of Amusement Ride Safety & Fairs were onsite after the accident to investigate the ride. They ensured it was operating within the laws and rules set by the state, and it reopened to riders days later.
Consulting a Lawyer
After a fatal accident at an amusement park, families may be overwhelmed and unsure where to turn. Seeking legal advice from a wrongful death attorney may help them understand their options, and determine how best to move forward.
The Legal Process
To initiate the wrongful death lawsuit process, a legal representative for the decedent’s estate will file the case with the court, initiating the discovery phase. During discovery, both sides will gather information and evidence through depositions and requests for documents.
Prior to trial, the two sides may attempt to reach a settlement agreement. Should negotiations fail to achieve a solution, however, the case will proceed to trial. During the court hearing, a judge or jury will hear testimony and view evidence before making a decision regarding liability and the assignment of any damages.
Statute of Limitations
Ohio imposes a time limit for families to file wrongful death lawsuits. Under most circumstances, the personal representatives have up to two years after the date of the death to pursue legal action. There are, however, some exceptions to this statute of limitations rule, which is why it’s important to discuss the case with a wrongful death lawyer as soon as possible.
Factors Affecting Compensation
Several factors can influence the amount of compensation recovered in an Ohio wrongful death lawsuit. These factors include the severity of the injuries and loss, including the loss of earning potential and loss of companionship.
Comparative negligence also affects compensation in wrongful death claims. What is pure comparative negligence? It is a rule in Ohio law that reduces damages in cases when decedents are partially at fault for their own deaths. For example, the man who recently died at King’s Island had entered a restricted area. As such, the court may rule him partially to blame for the accident that resulted in his death. Therefore, the recoverable damages would be reduced in proportion to the percentage of fault he was assessed.
Dealing with the loss of a loved one is difficult, and even more so when it occurs unexpectedly due to an accident that could have been prevented. If you have lost a family member, contact us today. Our wrongful death lawyers will help you understand your options.
