Dallas Amusement Park Premises Liability Lawyer

Have you been injured at an amusement park in the Dallas area? Rasansky Law Firm may be able to help. Call us for a free consultation.

One of the joys of living in Dallas is that if you like amusement parks, you have plenty of options. Our parks have roller coasters, spin rides, drop towers, swing rides, and Ferris wheels. Whatever your preference, you can enjoy a day of fun with friends or family at amusement parks such as Six Flags Over Texas, Legoland Discovery Center, and State Fair of Texas Midway.

Unfortunately however, a fun-filled day can quickly turn into a tragic nightmare. Something as simple as a loosely fastened lap bar on a roller coaster car can change a person’s life forever. The lap bar can lift suddenly in less than a second, throwing a person from the coaster. Coaster speed can range from 30 mph to 100 mph, leaving a person’s body battered with injuries, if they manage to survive at all.
Texas State Fair ferris wheel in Dallas TX
Injuries sustained in an amusement park accident may require extensive healthcare treatment, including surgeries, physical therapy, and medications, all adding to significant medical expenses. Additionally, the injured person must take time off work to focus on recovery, which adds to their financial stress. There may also be mental healthcare required as well after going through something so traumatic.

Texas law is on the side of amusement park accident victims. If you are struggling with injuries, high medical bills, and emotional distress, you can seek compensation from the negligent party. Enlisting the help of a trusted Dallas amusement park attorney can hold those legally responsible for the harm they caused you or someone you love.

Rasansky Law Firm Wants to Help

Have you been injured in a Dallas amusement park accident? Are you struggling to pay medical bills? Are you battling emotional anguish in the aftermath of the event? Look no further than Rasansky Law Firm. Our experienced team of personal injury lawyers has the in-depth legal knowledge and skills necessary to help you receive the compensation you deserve.

As fun as they are, amusement parks and carnival rides can be dangerous. We want to put our trust in the owners of these facilities to keep their rides safe, but that isn’t always the case.

At Rasansky Law Firm, we understand the pain and suffering that comes with a serious amusement park accident. That’s why we’re relentless in our efforts to protect our clients from insurance companies, individuals, or businesses that may try to avoid paying out damages. Our team has secured millions of dollars in compensation for our clients, and we’re ready to fight for you too.

When you work with Rasansky Law Firm, you’ll receive personalized attention from our skilled attorneys. We aim to help you move forward after your amusement park accident with peace of mind and financial stability.

Don’t wait to seek the help you need. Contact Rasansky Law Firm today for a free consultation. Our mission is to help you obtain fair compensation, enabling you to focus on healing and rebuilding your life.

Breaking News

While this blog post was being written, another amusement park accident occurred on a roller coaster at the Daytona Beach Boardwalk. Nine people were taken to the hospital, two of whom were seriously injured after plunging 34 feet when their car derailed. The coaster in question had been put out of service twice in the past 18 months due to safety concerns.

What Most People Don’t Know About Amusement Park Accidents

Regarding Dallas amusement park accidents, there are some surprising facts that most people don’t know or realize. Knowing these facts could save your life.

Did you know that amusement park accidents are more common than you think?

While we all enjoy a good thrill ride, we rarely think about the potential dangers that come with them. According to a Consumer Product Safety Commission report, there are roughly 6,000 to 8,000 amusement park and traveling carnival injuries each year. Additionally, CPSC reports ten deaths occur annually. Those staggering figures highlight the hidden hazards associated with amusement park rides.

Rider behavior causes many amusement park accidents.

Although park owners, staff, and ride manufacturers contribute to many theme park ride accidents, rider conduct can play a role also. Although current research does not provide actual numbers for these rider-related incidents, the International Association of Amusement Parks and Attractions confirms that riders do sometimes cause amusement park accidents.

The IAAPA defines rider behavior that violates safety precautions, such as:

  • Standing up during the ride
  • Failing to use safety restraints properly
  • Attempting to exit the ride before it comes to a complete stop

Amusement park injuries can have long-lasting effects.
The truth is that an amusement park accident can alter a person’s life forever. Injuries like traumatic brain injuries, spinal cord injuries, and broken bones all have serious long-term consequences. These injuries usually result in ongoing medical treatment, and often cause permanent disability, or even death.
Dallas amusement park accidents can result in legal action.
If you sustained injuries while at an amusement park in Dallas, you may have a right to receive compensation. The park, the ride manufacturer, and other involved parties may be responsible for the accident. Speaking with an experienced personal injury attorney to explore your legal options can help illuminate who may be liable for your injury so that you can move forward in pursuing compensation.

Amusement Parks in the Dallas Metroplex

Going to an amusement park or carnival is a popular summer activity.  In fact, every year these establishments receive hundreds of millions of visits. It’s not difficult to understand why. After all, amusement park rides are thrilling, exhilarating and downright fun. But there is a dark side to the amusement park industry that you might discover only after you or your loved one suffers a serious injury.

The Dallas area offers an astounding selection of amusement parks of various types, including:

  • Six Flags Over Texas
  • Six Flags Hurricane Harbor
  • Zero Gravity Thrill Amusement Park
  • Adventure Landing Dallas
  • Trinity Forest Adventure Park
  • Bahama Beach Waterpark
  • Celebration Station
  • Dallas King Spa & Waterpark
  • Rowlett Wet Zone
  • Hawaiian Falls
  • Splash Factory
  • Texas State Fair
  • Adventure Landing Dallas
  • Bahama Beach Waterpark
  • Sandy Lake Amusement Park
  • NRH2O Family Water Park
  • Trinity Forest Adventure Park
  • SpeedZone Dallas

Unfortunately, most of these establishments have seen injury accidents at some point or another.

Amusement Park Safety Supervision

Despite the enjoyment generated by amusement parks, many of the rides are deceptively dangerous. The  International Association of Amusement Parks and Attractions reported about 1,200 ride-related injuries nationwide in the year 2016 alone.

Amusement park safety is shockingly unregulated in Texas. Although state law grants the Texas Department of Insurance general authority to enforce safety regulations for the amusement park industry, much of the actual oversight of theme parks is delegated to insurance companies.

Fortunately, amusement parks are required to carry insurance. In order to obtain and maintain coverage, they must (i) submit to periodic inspections and (ii) file a Quarterly Injury Report with the Texas Department of Insurance.  Inspections are normally carried out by the insurance company, not the government, although Texas law requires amusement and theme parks also to submit to spot inspections by state government officials.

The Texas Department of Insurance publicly released its Amusement Ride Injury Report recently, which summarizes individual Quarterly Injury Reports across the amusement park industry. The results are disturbing to say the least. 75 amusement park injury reports were recorded in Texas for 2017, more than one accident per week. The report does not even include injuries treated on-site.

The Hidden Dangers of Thrills: Exploring the Causes of Amusement Park Accidents

Amusement parks bring joy and fun to everyone who visits them. However, these fun-filled trips can sometimes become a nightmare for families when disasters happen. Such accidents can have catastrophic emotional and financial outcomes, leaving the injured and their families feeling helpless. A report from the Association of Amusement Parks and Attractions points out the following:
  • Between 1990 and 2010, roughly 20 amusement park guests under 18 suffered injuries requiring hospitalization every May through September.
  • In 2019, there were nearly 1,300 amusement park accident injuries in the US.
  • In 2011, 1,204 people suffered injuries at 400 amusement parks in the US.

There are various causes of amusement park accidents, each with unique characteristics. Here are some frequent causes of park incidents:
1. Mechanical Malfunctions
Ride operators maintain and inspect the rides before operation. Rides may sometimes malfunction due to worn-out parts, poor maintenance, or design defects. For example, in 2016, a 10-year-old boy in Kansas City, KS, died on the world’s tallest waterslide (17-story chute), the Verrückt, when his raft went airborne due to a design flaw.
2. Operator Negligence
Amusement park ride operators must ensure their riders’ safety. However, when they fail to do so, accidents can happen. Operators can be negligent if they do not operate the ride correctly or fail to provide proper instructions to riders. For instance, in 2022, a 14-year-old boy fell off a 430-foot drop tower at an Orlando, Florida, theme park after a ride operator failed to secure his seatbelt.
3. Rider Behavior
In some cases, rider behavior can also cause harm. Riders may fail to follow ride instructions or intentionally act recklessly. For example, standing up or leaning out of ride cars can lead to serious injuries or death.
4. External Factors
External factors like weather conditions or natural disasters can also contribute to amusement park accidents. Strong winds, heavy rain, or lightning can cause rides to malfunction, leading to incidents.

Types of Amusement Park Injuries

There are many different types of injuries that can occur on amusement park rides, including:

  • Whiplash
  • Lacerations
  • Cerebral hemorrhage
  • Retinal hemorrhage
  • Subdural hematoma
  • Headache
  • Dizziness
  • Loss of consciousness
  • Broken bones
  • Drowning
  • Electrocution
  • Amputation
  • Paraplegia
  • Internal injuries
  • Traumatic brain injury
  • Spinal cord injuries
  • Death

When you enter an amusement park, you are trusting its owners and operators to ensure a reasonably safe environment for you and your other family members to enjoy. On rare occasions, the pre-existing medical vulnerability of a passenger can combine with the inherent danger of a certain ride to produce an injury, and that isn’t anyone’s fault. However, most often, an accident that causes injury is someone’s fault.

Generally speaking, if the accident wasn’t your fault and the ride wasn’t inherently dangerous, the park’s owners or operators, or the manufacturers of defective equipment, are to blame. There are several common ways that amusement park accidents happen, including:

  • Improper operation of the ride due to employee negligence or lack of proper training
  • Mechanical malfunction, sometimes due to a manufacturing defect in a component of a ride
  • Design defects in the ride itself, such as excessively rapid spinning

Identifying Who Can Be Held Liable for Your Injuries

If you sustained an injury at an amusement park in Dallas due to someone else’s negligence, you might wonder if you can hold them liable for your injuries. Liability means a party is legally responsible for the harm caused to another person.

Here are the various parties who may be held liable:
1.The Amusement Park Owner
The amusement park owner should face liability if they fail to maintain safe conditions in the park, or if they fail to warn guests of any dangers. For example, injured victims can hold amusement park owners liable if a roller coaster has broken or missing safety restraints and causes an injury.
2.The Ride Manufacturer
If a ride has a defective design or manufactured part, causing an injury, the rider can hold the manufacturer liable. For instance, the manufacturer can be responsible if a poorly designed roller coaster harness causes an injury.
3.The Ride Operator
An injured person can hold a ride operator liable if they were negligent in operating the ride. For example, if the operator fails to properly secure a guest in the ride, leading to an injury, the operator can be liable.
4. Other Guests
In some cases, other guests can act in a negligent manner that causes harm to someone else. For example, if a guest throws an object from a ride, hitting and injuring another guest, they can be held liable.

Determining liability can be complicated in Dallas amusement park accident cases. An amusement park accident may involve multiple liable parties, not just one. You may potentially sue park owners, ride manufacturers, operators, maintenance crews, and visitors.

Additionally, amusement park rides involve complex mechanical and engineering systems. Expert analysis may be required to figure out whether a design flaw or mechanical failure caused the accident.

It’s a daunting task to identify negligence without the aid of an experienced personal injury attorney. We highly recommend seeking a free consultation with our Dallas amusement park accident lawyer at your earliest convenience if you need help with an injury sustained by you or a loved one at one of our many amusement parks.

When More Than one Party is at Fault: Comparative Negligence

What if you’re partially at fault for the accident? Can you still seek damages? There’s a big misconception that you can’t seek compensation if you were partly at fault for the accident. According to Texas law, you can receive financial relief, but there is a restriction. That’s why it helps to know how comparative negligence rules in the Lone Star State could affect your amusement park injury claim.

Comparative negligence is a legal concept that allows a court to allocate fault between the parties involved in an accident. Under Texas law, a victim of an accident still can claim damages as long as they are less than 51 percent at fault for the accident.

If the court discovers the victim is 51 percent or more at fault, they cannot recover damages. This legal principle is also known as the “51 percent rule.”

Other legal terms used to describe comparative negligence include “proportionate responsibility” and “comparative fault.” These terms all refer to the same concept: that more than one party can be responsible for an accident, and the court must determine each party’s fault.
Here’s an illustration:
Imagine you went to a Dallas amusement park and got on a roller coaster, but the ride operator didn’t properly fasten your safety harness. As a result, you suffered a herniated disc. However, you also talked on your phone and did not completely follow the operator’s instructions.

If the court finds that the ride operator was 80 percent at fault for the amusement park accident and you were 20 percent at fault, you can still recover damages, but the amount you receive gets lowered by that 20 percent. So, if a judge or jury sets your award at $100,000, you’ll receive $80,000.

Consulting an experienced personal injury attorney can help you understand how the rule applies to your case, so you can continue to fight for fair compensation. Remember, just because you may have been partially at fault for your injury does not mean you can’t recover damages.

Your Legal Options

Depending on the circumstances, an amusement park injury claim might be based on one of the following assertions:

  • Negligence – The park or its employee’s careless act or failure to act caused the accident.
  • Intentional misconduct – The company or its employee intentionally caused the accident.
  • Product liability – The accident was caused by the failure of a mechanical component that was defective and unreasonably dangerous. In this case, you would probably have a claim against the manufacturer.
  • Wrongful Death – In the most unfortunate event that you lost a loved one due to an amusement park or carnival accident, you may have the option of filing a wrongful death claim against the negligent party.

Will Your Dallas Personal Injury Case Need to Go to Court?

Several factors will determine whether a Dallas amusement park injury case will require a court hearing. In many cases, the involved parties can agree on a mutually beneficial settlement without going to trial. In some situations however, if a satisfactory settlement cannot be agreed upon, going to trial may be necessary.

Circumstances that may lead to a case going to court include:

  1. The responsible party won’t admit fault or engage in fair settlement talks.
  2. The insurance provider offers lowball settlement.
  3. The injuries and damages are substantial, and both parties cannot agree on an acceptable settlement amount.
  4. There is a disagreement on who is to blame for the incident.
  5. The harmed party desires to hold the liable party accountable publicly.

Factors that could lead to out-of-court settlements include:

  1. The other party accepts responsibility and wants to resolve the matter through a settlement.
  2. The insurance company presents a fair settlement proposal.
  3. The damages incurred by the injured party are minor, and they agree to the offered compensation.
  4. The parties can come to a mutually acceptable settlement through mediation or arbitration.
  5. The injured party prefers to avoid the expense and time involved in litigation.

The pros of going to court include having a jury hear your case and award more significant compensation than we sometimes see on a settlement. The downside to going through the court system consists of a lengthy trial, high-cost legal expenses, and an uncertain outcome. If the trial costs a great deal to litigate, you could end up getting less money in the end even if the award is higher than what the settlement might have been.

Alternatives to court include mediation and arbitration, which are often less expensive and time consuming than going to court. In mediation, an objective third party helps the parties settle. In arbitration, a neutral third party makes a binding decision. According to Forbes, approximately 95 percent of civil cases settle without a court trial.

Depending on the damages sought in Dallas, a district or county court will hear your personal injury claim. Reach out to a personal injury lawyer who can evaluate your case and advise on the best course of action.

Proving Your Case: What Evidence Do You Need in Amusement Park Injury Cases

Picture this: A teenager visits her favorite Dallas amusement park, enjoying a fun ride with her best friends, when suddenly, the ride malfunctions and tosses the high schooler off, resulting in head and neck injuries. Her parents believe the park may be at fault for not maintaining the ride correctly. In this scenario, what evidence would they need to prove their case?

Building a strong case for a Dallas amusement park injury lawsuit requires collecting the following pieces of evidence:

  • Eyewitness testimony: Any individuals who witnessed the accident and can attest to the events leading up to it can provide valuable testimony. They can help establish the park’s liability for the accident.
  • Medical records: These records can establish the extent of injuries and treatment. Medical files should provide detailed accounts of the treatment received, the length of rehabilitation, and the associated expenses.
  • Maintenance records: Maintenance records of the ride in question can help prove that the park did not properly maintain the ride, leading to the accident. Maintenance records can help establish negligence on the part of the park.
  • Photographs and videos: Any pictures or videos of the ride before, during, or after the accident can help prove the ride’s condition and the events leading up to the accident.

Getting What You Deserve: A Guide to Compensation for Those Injured in Amusement Park Accidents

In a personal injury case, compensation refers to the monetary amount awarded to the victim to cover their damages. A settlement can help those injured recover and move on with their lives because it will ease the financial burden they experience. In a Dallas amusement park injury case, compensation may cover medical expenses, income loss, physical pain, emotional suffering, and other related damages.

The amount of compensation available in a personal injury case varies depending on the facts of the accident. Some factors that can impact the payment amount include the severity of the injuries suffered, the cost of medical treatment, the length of recovery time, and whether there is permanent disability or impairment. In wrongful death cases, sometimes the amount of compensation is relatively high.

Compensation Falls into Two Main Categories: Economic and Non-economic Damages

  • Monetary damages are those with a clear financial value, such as medical expenses, lost earnings, and property damage.
  • Non-economic damages are more subjective and relate to the pain and suffering, emotional distress, and other intangible losses that are experienced.

According to a Jury Verdict Research study, the average Texas personal injury settlement over the last six years was $826,892. Remember that figure is only an average, and your award could be substantially lower or higher based upon the circumstances of your case.

Don’t Wait Too Long: A Guide to Filing a Personal Injury Claim in Texas

In Texas, the law sets a statute of limitations for personal injury claims. If you sustained an injury at an amusement park because someone else failed to take proper care, you have limited time to file a claim. Once that time has expired, you may no longer be able to seek compensation for your injuries.

The statute of limitations in Texas is generally two years from the date of the injury. This restriction provides a clear time frame for both parties to take action and resolve the issue. There are some cases where the time frame may be shorter, so make sure to consult a Dallas amusement park accident lawyer as soon as possible after the injury occurs.

Fighting for Justice: What a Dallas Amusement Park Accident Lawyer Will Do for You

It is incredibly stressful when you get injured in an amusement park accident caused by another person’s negligence. Here are some of the different services that an amusement park accident lawyer offers:

  1. Case Evaluation: Your lawyer will evaluate your case’s circumstances to determine whether you have a valid claim.
  2. Evidence Collection: Your lawyer will gather evidence, including medical records, witness statements, and accident reports.
  3. Negotiation: Your lawyer will negotiate with the at-fault party’s insurance company to ensure you receive maximum compensation.
  4. Litigation: If negotiations fail, your Dallas amusement park accident lawyer will represent you in court and fight for your rights.

Having an amusement park accident lawyer on your side offers several benefits, such as:

  1. Legal Specialization: Lawyers are well-versed in laws and regulations governing amusement parks and can provide valuable legal advice.
  2. Peace of Mind: Knowing that a knowledgeable Dallas amusement park accident lawyer is taking care of your case can give you a sense of security and help lessen your stress levels.
  3. Higher Settlements: Lawyers are skilled negotiators who can help you receive higher settlements than if you handled your own negotiation.

The Interview Process: What to Ask When Considering an Attorney

To ensure you hire the most qualified attorney to represent you after your amusement park accident, you should ask any attorney you consult with some key questions about pursuing a claim from start to finish. Here are some good questions to ask:

  1. What are my legal options for pursuing compensation for my injuries? This question is essential for you to understand what legal avenues are available. The attorney should explain the different types of compensation available and the options you have to pursue based on the facts of your case.
  2. What types of evidence will I need to gather to support my case? Evidence is a crucial aspect of any personal injury case, and an experienced attorney can guide you on what types of evidence to gather in your unique case to ensure you can make a valid claim.
  3. Can you provide me with a rough estimate of what my case may be worth? While no attorney can guarantee a specific settlement amount, they can likely give an estimated range based on similar cases they have handled. This information can help you decide whether to pursue legal action.
  4. How long will it take to finish my case? The length of a personal injury case can vary greatly. The attorney should explain the different factors that can impact the length of your case, such as the complexity of the claim and the willingness of the other party to settle.
  5. Will my case go to trial, or will it likely settle out of court? While every case is different, an experienced attorney can provide insight into whether the case is more likely to settle out of court or go to trial. Understanding the potential outcome of the case can give you direction on how to proceed. Most personal injury cases do settle out of court.
  6. How much experience do you have with personal injury cases? When speaking with the attorney, ask about their experience with amusement park accident cases specifically to assess their competency in handling them.

We Can Help

If you or a loved one has suffered a serious injury at an amusement park, you can count on the personal injury lawyers at Rasansky Law Firm to help you recover the compensation you are entitled to. Our team of qualified attorneys are ready to help you fight back. We truly care about helping people get the compensation they deserve to move on with their lives.

Want to get an attorney’s opinion on your amusement park injury? Give us a call right now at (214) 617-1886 to learn more about your legal options, as well as how we may be able to help you on a no-win no-fee basis.

Speak With a Dallas Amusement Park Injury Lawyer For Free

The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 617-1886.

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2525 McKinnon Street #550 Dallas, Texas 75201


Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.   

Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

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