As normalcy is on the horizon and the weather continues to change, it is understandable that parents and children are eager to visit the various amusement parks that Maryland offers. However, as enjoyable as these places are, they often pose significant dangers to visitors. Those who suffered injuries at a Maryland amusement park should contact an attorney to discuss their rights and remedies.
Amusement park injuries can stem from mechanical failures, improper inspection, passenger negligence, the inherent nature of an attraction, and freak accidents. These incidents can result in serious spinal cord injuries, traumatic brain injury, stroke, brain aneurysms, broken bones, organ damage, drowning, and death. In some cases, especially those involving mechanical failure to improper inspection, recovery seems straightforward. However, Maryland amusement park injury lawsuits typically involve complex tort and contract laws that may pose significant challenges to injury victims.
The most significant hurdle that injury victims frequently encounter when trying to recover against a negligent amusement park company involves the victim’s ticket and admission agreement. Understandably, most people do not read the fine print on their tickets or admission documents. However, these documents can prevent injury victims from filing a personal injury claim or recovering damages. The most common tactic amusement parks use to avoid liability is by including mandatory arbitration agreements in their admission paperwork.
For example, recently, an appeals court issued an opinion in a woman’s negligence lawsuit against a trampoline park. The woman’s son went to the park with a family friend for an event. While he was there, he suffered serious injuries from falling off of a zipline. The trampoline park moved to dismiss the claim arguing that the claim must proceed through arbitration, per the agreement the woman’s friend signed on behalf of the young boy. The court reviewed whether a valid agreement existed, if an arbitrable issue was present and whether the parties waived the right to arbitrate. In this case, the court determined that the trial court had the authority to review whether the parties agreed to arbitrate. They ultimately concluded that because the trial court found no agreement between the mother and the park, they did not have to address enforceability.
This case had complex and unique facts which allowed the plaintiff to continue her claim against the park. However, in many cases, injury victims face challenges trying to establish the unenforceability of an arbitration agreement. It is important that injury victims contact an attorney to discuss how to address and overcome these challenges.
Have You Suffered Injuries at a Maryland Amusement Park?
If you or someone you know has experienced injuries at a Maryland amusement park or carnival, contact the personal injury attorneys at Lebowitz & Mzhen. The attorneys at our law firm have extensive experience handling complex personal injury claims involving at-fault individuals, corporations, companies, and insurance companies. We handle cases stemming from Maryland slip and fall accidents, car accidents, defective or dangerous products, medical malpractice, and wrongful death. Contact our office at 800-654-1949 to schedule a free initial consultation with an attorney at our office.