Common Legal Concepts Used in Los Angeles Theme Park Accidents

Theme park rides in Los Angeles and California in general are relatively safe and the accidents that happen are very far in between.

But make no mistake, theme park accidents do happen and if you happen to be one of the unlucky ones who gets injured then you would need the best help to be able to recover damages from the liable party.

That is where a Los Angeles theme park accident attorney comes in.

An expert LA theme park accident can help you:

• Find who the liable party/parties that caused the accident
• File a personal injury claim with the liable party’s insurance provider
• Represent you if you need to file a personal injury lawsuit
• Make sure that the amount you receive is correct.

But the most important reason that you need an LA theme park accident is their knowledge of laws that can be applied in your case.

The legal concepts that are most commonly used in theme park accidents are:

Premises Liability

The most common liable party in theme park accidents is the theme park owner.
Since the victims in theme park accidents are normally customers and patrons they are considered “invitees.”

Invitees are defined as visitors that are in the premises of the property for the benefit of the owner.

Under the premises liability law, the property owner owes invitees the highest level of care.

So if you are injured as a customer, it will be easier for you to prove the liability of the property owner because even with the absence of negligence you can still make a claim.

Vicarious Liability

Another clause that can be used against property owners is the vicarious liability clause between the employer and the employee.

Under the law, an employer can be held liable for any negligent actions committed by an employee that resulted in injury.

So for any error by the ride operators or the maintenance crew, the theme park owner will also be civilly liable.

Product Liability

If the cause of the theme park accident is a defective ride, then you may also make a claim against the ride manufacturer.

The strict liability clause is usually used in this kind of cases because it is difficult to prove that there was negligence during the production of the theme park ride.

In strict liability, instead of proving negligence on the part of the manufacturer, what you need to prove is that:

• The theme park ride has a dangerous defect
• You sustained an injury due to the dangerous defect
• You sustained damages due to the injury.

For more information, consult a Los Angeles personal injury lawyer for more details.


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