Indiana is home to several amusement and theme parks that cater to thrillseekers and those looking for family-fun, with the two largest being Holiday World & Splashin’ Safari and Indiana Beach Amusement & Water Park. In addition, there are numerous seasonal attractions and events throughout the year, including the Indiana State Fair that runs for 18 days in July and August.
These fairs, theme parks, carnivals and special events create exciting fun and memorable experiences for attendees, but can occasionally become a backdrop for unfortunate accidents with serious injuries and even fatalities. In the state of Indiana, suing an amusement park, water park or fairground operator necessitates an understanding of the legal nuances involved in seeking compensation for injuries or damages.
The foundation of any personal injury lawsuit centers around establishing liability. Amusement parks and fairgrounds owe their visitors a duty of care, providing a reasonably safe environment and protecting them from foreseeable risks. Product liability, poor hiring practices, insufficiently maintaining grounds, inadequate security, ride inspection failures, and a lack of emergency response protocols are some examples of negligence that can lead to injuries or death.
In the aftermath of an accident at an amusement park or fairground, certain steps should be taken to bolster a personal injury claim. Immediate medical attention should be sought for any injuries and the incident should be well documented by authorities and the amusement park staff. Detailed documentation of injuries, medical bills, and treatments serves as vital evidence in establishing damages during a legal claim.
It is important to note that many theme parks commonly include disclaimers and waivers in their tickets or entry agreements as a way of limiting liability for injuries or accidents that may occur on their premises. These waivers, often referred to as “waiver of liability” or “assumption of risk,” are legal provisions intended to protect them from lawsuits. By purchasing a ticket and entering the amusement park or fairground, visitors may be acknowledging certain risks and agreeing not to hold owners responsible for injuries that might occur.
However, even with these waivers in place, pursuing a successful personal injury claim may still be possible. Your attorney will guide you through the process of filing a lawsuit against the responsible parties. Given Indiana’s statute of limitations, prompt initiation of legal proceedings is imperative.
Legal action against an amusement or theme park in Indiana requires careful consideration of various legal elements. By understanding liability, preserving evidence, and consulting with an experienced attorney, individuals can navigate the legal landscape to seek compensation for injuries and damages sustained.
Over the years, Hurst Limontes has successfully represented clients injured at amusement parks, carnivals, and fairs. If you or a loved one have been injured, contact our office for a free consultation. You may call us at 317-636-0808 or complete the contact form provided below. We do not charge a fee unless we win your case.
