Protecting Your Rights After an Amusement Park Accident – Understanding Releases and What to Do Next

Visiting an amusement park, water park, or carnival should be a fun and thrilling experience. However, accidents can happen, resulting in serious injuries or even wrongful death. If you or a family member has been injured at an amusement park in Massachusetts, it’s crucial to understand your legal rights, especially if you’ve signed a release. This blog post provides an overview of Massachusetts law regarding liability releases, premises liability, and the steps you should take after an amusement park accident to ensure you receive fair compensation.

When you visit an amusement park, inflatable park, or water park, you might be asked to sign a release or waiver of liability. These documents typically state that you accept the risks associated with the activities and agree not to hold the park owners responsible for any injuries, even if they result from negligence.

Massachusetts law generally upholds liability releases, meaning that if you sign one, it may limit your ability to pursue a personal injury lawsuit. Key cases supporting this include:

• Cormier v. Central Mass. Chapter of Nat. Safety Council (1993): Courts upheld a release even when the signatory did not fully read or understand the document.
• Sharon v. City of Newton (2002): Courts enforced a release signed by a parent on behalf of a minor child.

However, releases have limitations and may not protect park owners from claims involving gross negligence, reckless conduct, or statutory violations. For example, Zavras v. Capeway Rovers Motorcycle Club, Inc. (1997) highlighted that a release does not protect against claims of gross negligence, while Henry v. Mansfield Beauty Academy (1968) demonstrated that a release cannot shield an entity from liability for statutory violations.

If you’ve been injured at an amusement park, carnival, or on amusement park rides like roller coasters or Ferris wheels, taking the right steps immediately after the incident is crucial for protecting your legal options and securing financial compensation.

1. Seek Immediate Medical Attention: Your health should be your top priority. Whether you visit an emergency room or receive treatment from on-site medical personnel, ensure that your injuries are documented. Prompt medical care is essential for your well-being and serves as critical evidence in any future personal injury claim.
2. Report the Incident to Park Staff: Notify park management or ride operators about the accident, and make sure an official report is filed. This report helps establish a connection between your injury and the incident, which is vital for any premises liability claim or personal injury lawsuit.
3. Gather Evidence: Document the scene of the accident by taking photos or videos of the dangerous condition that caused your injury. Collect contact information from witnesses who can support your case. This evidence will be crucial in establishing the park owner’s duty of care and proving negligence.
4. Avoid Early Settlement Offers: Be cautious of quick settlement offers from insurance companies representing the park. These offers often undervalue your claim. Consulting with experienced personal injury attorneys before accepting any settlement is essential to ensure that you receive fair compensation.
5. Consult with an Experienced Personal Injury Lawyer: Reach out to a personal injury law firm with years of experience handling amusement park injuries. An attorney can help you navigate the complexities of premises liability cases, determine the at-fault party, and pursue the full compensation you deserve for medical expenses, lost wages, and non-economic damages such as pain and suffering.

Even if you’ve signed a release, amusement parks and similar venues have a legal duty to maintain a safe environment. This includes ensuring that rides are properly maintained, ride operators are adequately trained, and unsafe conditions are promptly addressed. If your injury resulted from a failure to meet these obligations, you might still have a valid premises liability claim.

Accidents at amusement parks can lead to catastrophic injuries, including traumatic brain injuries, spinal cord injuries, and fatal injuries. Victims may be entitled to compensation for medical expenses, property damage, lost wages, and more. In some cases, a personal injury lawsuit may also involve claims for wrongful death or product liability if the injury was caused by a defective amusement ride or water slide.

Being injured at an amusement park or similar venue can be life-altering. Understanding the implications of any signed release and knowing the correct steps to take after an accident can significantly impact your ability to secure fair compensation. If you’ve been injured in Massachusetts, including Boston, Dorchester, Cape Cod, Suffolk County, Bristol County, or Plymouth County, contact Gavagan Law, LLC for a free initial consultation.  Our legal team has the experience needed to handle your premises liability claim and fight for your legal rights.