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Texas Personal Injury News

Thursday, June 14, 2018

Amusement Park Accident Death Leads to Lawsuits

Q: Who is responsible for injuries in an amusement park accident?

Amusement park accidents can be the scene of some horrific injuries-- somehow more tragic because they often involve unsuspecting children who only moments before were likely laughing with delight.

The legal doctrine of premises liability, a subsection of personal injury law, holds the property owner responsible for the safety of visitors to their property. This principle applies to amusement park owners and managers and the potentially dangerous waterslides, roller coasters, and other rides they offer to the public.  

Sometimes older rides with deteriorating parts are to blame for a ride accident. Other times, a new ride may have faulty construction, defective designs, or other issues that cause an accident. And other times, negligent ride operators may be to blame for the accident.

Approximately two years ago, 10-year-old boy was decapitated on what was then reportedly touted as the “world’s tallest waterslide” in a Kansas City waterpark. Two women riding with the boy suffered facial injuries.

The accident reportedly led to personal injury lawsuits by the women and a wrongful death lawsuit by the boy's parents which were allegedly settled. In addition, criminal charges in the boy's death have recently been brought against the designer of the waterslide, the water park’s co-owner, and a former waterpark executive.

Prosecutors allege the designer "had no engineering credential relevant to amusement ride designer safety". The existence or absence of criminal charges does not impact the ability to sue civilly for monetary damages related to the injuries or death from the accident.

In a wrongful death lawsuit, if a defendant is found liable for negligently, recklessly, or intentionally causing someone's death as a result of their actions or failure to act the victim’s closest surviving family members may be entitled to compensatory damages. Generally, such damages include the victim’s final medical and burial expenses as well as other damages determined on a case-by-case basis, based on financial and other losses the family member has sustained as a result of the victim’s death.

If you or a loved one has been injured or a loved one has been killed in an accident caused by somebody else, the skilled personal injury attorneys at Chandler, Mathis & Zivley can help maximize the compensation to which you may be entitled. While we can't undo the accident, we can help reduce the financial burden that it has caused. Contact us today for a free consultation.

From our offices in Lufkin and Houston, we've been serving Texans throughout the state as well as those injured while visiting Texas, for over 40 years.


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Chandler, Mathis & Zivley, PC has offices located in Houston and Lufkin Texas and serves clients throughout East Texas as well as many other states.
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