Carnival Accidents And Injuries: Premises Liability or Defective Product Liability?

When a person suffers carnival accidents and injuries, he or she could be due compensation for medical bills, lost wages, pain and suffering, and more. Unfortunately, these accidents can cause a lot of legal confusion when it comes to actually seeking that compensation. Depending on factors surrounding the carnival accident, there could be a number of parties who are liable for the injuries.

Specifically, the accident could fall in the category of product liability/defective products, and the ride manufacturer could be at fault, or it could fall under premises liability, in which case the carnival or theme park could hold liability. Anyone who has suffered carnival injuries or been hurt at an amusement park should consult a Denver personal injury lawyer to discuss liability for a specific case in Colorado.

Defective Product Liability for Carnival Injuries

If the injury resulted from a problem with a specific ride or attraction at the carnival or amusement park, it could warrant a defective product or product liability claim.

A claim may be made when an injury results from:

  • a design defect in the ride;
  • a manufacturing defect;
  • inadequate safety warnings on a ride; and
  • mechanical ride failures.

Carnival injuries often happen when parts of rides become old or worn, including safety belts, locks, harnesses, cables and other pieces, or when water damages vital components of a ride. Theme parks and carnivals have an obligation to ensure their rides are safe and well-maintained before allowing customers to use them, so liability may lie with the carnival or park itself if it allowed a ride to fall into disrepair. Specific details and circumstances may be discussed with a Denver personal injury lawyer.

Premises Liability for Carnival Injuries

If a carnival accident was not caused by a defect in the ride as a result of a manufacturing or design error but was a result of some issue with the park itself or the way the park is run, it may indicate that a premises liability claim should be filed to recover compensation for the carnival injuries.

This may be the case carnival accidents result from:

  • poor care or maintenance of the park, including broken rides, stairs, slippery surfaces, uneven pavement, and more;
  • inadequate management, staffing or security of the park;
  • problems with the park’s construction;
  • improperly trained ride operators or staff members; or
  • inadequate warnings or safety postings in the park/rides.

Some carnivals and theme parks may have minimal training for staff who may not be fully knowledgeable about proper safety techniques or the rides they operate. This can result in injuries to customers as well as themselves, and the park could be held liable in such cases.

Getting Legal Help from a Denver Personal Injury Lawyer to Determine Liability for a Colorado Carnival Accident

Whether carnival injuries constitute a defective product claim or a premises liability incident depends on the details of the accident and who is responsible for a hazard. The best way victims can pinpoint the liable party is by discussing their accident with a Denver personal injury lawyer who can review the details of the Colorado case. Victims in Denver can contact a personal injury lawyer in Colorado at 303-300-5060. During consultation, victims can discuss the circumstances of the carnival accident to help determine liability.

D.J. Banovitz’ career has always concentrated on trial practice and he has litigated hundreds of cases. His passion and sole career focus has been to seek justice for people suffering from personal injuries as the result of someone else’s negligence. The hallmark of the Law Office of D.J. Banovitz, is the total commitment to professionalism, quality, and personalized care of your injury case. D.J. has dedicated his professional life to helping those most in need and is a proud and active member of the Colorado Trial Lawyers Association. His experience includes volunteering for Colorado Rural Legal Services in Montrose, the Colorado Aids Project, consumer law, family law, criminal defense, and Alternative Defense Counsel for juveniles in Denver.