Can I Sue If My Child Was Injured at an Amusement Park?

Yes, you may be able to sue if your child was injured at an amusement park. This will depend largely on the circumstances, how things happened, and the parties involved, who may be held liable, even if you signed a waiver.

It’s one thing to deal with an injury on yourself, but things can feel intensified when it’s your child who was injured. 

A Fort Myers child injury lawyer can help you understand potential legal options because they understand how liability works in amusement park injury cases, with both adults and children.

What Compensation Can I Recover After My Child’s Injury?

Depending on the circumstances of the case, there are a few different types of compensation that may be available after your child is injured in an amusement park: 

• Medical expenses (current and future): If you had to pay for medical expenses for your child, whether that is an ER visit, surgery costs, medications, or even mental health therapy, you may be able to be compensated for current and even future medical issues that arise after the accident. 
• Cost for rehabilitation: Rehab can be essential for some kinds of injuries, and even minor rehab can take months to complete. If a party is held liable for the injury, you may not have to cover those costs on your own. 
• Pain and suffering: Compensation for pain and suffering included any physical pain and discomfort experienced as a result of the injury. 
• Emotional distress: Injuries can also have psychological effects, including anxiety, depression, or trauma-related symptoms. In some cases, compensation may be available for the emotional impact the incident has had on your child’s well-being.
• Permanent disability or disfigurement: If an injury results in long-term or permanent limitations, this may affect your child’s quality of life and future opportunities. Compensation may be considered for lasting impairments or visible scarring, depending on the circumstances of the case.

You can learn more about what damages you can recover after an accident to better understand what may apply in your situation:

Can I Sue If My Child Was Injured at an Amusement Park After Signing a Waiver?

Well, we briefly discussed this earlier; you may still be wondering if you can sue for your child’s injury even if you signed a waiver. And the answer is you may be able to sue, as waivers do not automatically mean that the park is not liable if a visitor is injured. 

Even if you signed a waiver, you may still be able to sue if:

• The park was negligent.
• The injury was caused by unsafe conditions.
• The waiver was unclear or overly broad.
• The conduct involved gross negligence or recklessness.

Courts often distinguish between inherent risks (like the normal motion of a ride) and preventable dangers (like broken restraints or lack of maintenance). A child injury lawyer can help you understand these differences in your case. 

Understanding the Differences Between Adult and Child Personal Injury Cases

It’s also important to know that children’s injury cases are treated a little differently than those for adults: In many states, including Florida, parents may be allowed to sign liability waivers on behalf of their children. However, these waivers are generally limited in scope and may only apply to risks that are considered inherent to the activity. 

Under Florida law, such waivers may create a presumption of validity, but they can still be challenged depending on the circumstances (see Florida Statute § 744.301 on natural guardians).

This means that even if you signed paperwork before entering the park, your child may still have a valid claim if negligence was involved.

How Do I Know I Have a Claim?

Whether or not you can sue an amusement park for your child’s injuries will depend largely on whether you have a valid claim, which comes down to negligence. 

Here are some common examples where negligence can occur with amusement park operations:

When Rides are Not Maintained as Needed

Amusement parks must ensure that their ride are inspected and maintained on a regular schedule. Whether it was defective parts or a lack of required inspection, repairs, or anything along those lines, it may fall under negligence.

Rule Breaking with Safety Procedures

Every ride and similar experience should have safety procedures in place to ensure that visitors are kept safe while spending time at the amusement park. For example, something like checking that seats are tightly locked in and in the proper place before a ride starts. There may be negligence with the situation if someone doesn’t follow or skips these rules and steps. 

Lack of Staffing or Supervision

If a park does not have enough staff, important safety responsibilities can fall through the cracks. Things like delayed emergency response times, failure to monitor hazardous areas, or inadequate supervision of activities and equipment can all happen when there aren’t enough trained workers at the scene. 

Dangerous Conditions at the Park

Parks are expected to be reasonably maintained for safety; things like walkways, bathrooms, and other areas of traffic should be safe for park goers. 

Things such as broken equipment, uneven walkways, and poor lighting risk injury the longer they go unfixed. And when employers or park operators fail to identify and correct these issues within a reasonable timeframe, they may be held responsible for injuries.

Who Can Be Held Liable If Your Child Is Injured at an Amusement Park?

While this can be complicated, a lawyer can help you figure out specifics. In general, however, these are some of the most common parties that are involved with these kinds of cases:

• Amusement park owners or operators
• Ride manufacturers or designers (for the whole ride or parts)
• Maintenance providers 
• Employees, management, or ride operators

Because these cases can involve multiple parties and complex factors, identifying liability typically requires a careful review of the facts and available evidence.

What Should You Do After the Injury?

If your child is injured at an amusement park, taking the right steps can protect your rights and potentially your legal case:

• Get medical attention immediately: Even if injuries seem minor, a prompt medical evaluation can help identify underlying issues and create a record of your condition following the incident.
• Take photos or videos of the entire scene: Getting photos or videos of the scene is so important. This is going to be evidence of the conditions, hazards, and surrounding area.
• Report the incident to park staff: Notifying park staff ensures the incident is documented and may help prevent similar hazards from affecting others.
• Collect witness information: Getting names and contact details from anyone who saw the incident can be helpful if their statements are needed later.
• Keep all medical records and receipts: It’s important to keep track of all of your child’s medical records and receipts along the way. 
• Talk to an attorney: An attorney can help you understand your rights, evaluate your situation, and explain potential next steps based on the facts of your case.

Final Thoughts: Do You Have a Case?

So, can you sue if your child was injured at an amusement park? Yes, in some cases, especially if the injury was caused by negligence, unsafe conditions, or defective equipment.

Even if you signed a waiver, you may still have legal options, particularly because courts often provide extra protection for children.

Because these cases can be complex and involve multiple liable parties, it’s often helpful to speak with a personal injury attorney who can evaluate your specific situation. Get started with a free consultation with the experienced personal injury team at Viles & Beckman.