Many Kentuckians will spend at least one day this summer (and possibly many) at a theme park, fair, carnival, water park or other outdoor location where rides and other activities abound. We count on these rides and activities to be as safe as possible.
Unfortunately, we’ve seen widely-reported instances where a day at the fair or amusement park ended in tragedy for someone, often as the result of a ride or other piece of equipment that malfunctioned.
Some injuries aren’t as serious as the ones that make the news, but they can require medical treatment and possibly even rehabilitation. If you or a loved one has been injured at a large amusement park, that park or the company that owns it likely has a process where you can file a claim. It’s important to do that as soon as possible, as they probably have a time limit.
If there’s no process for filing a claim, or if you aren’t able to resolve the matter to your satisfaction, you may want to consider filing a lawsuit. Again, time is of the essence. Kentucky law creates a one-year statute of limitations on personal injury claims.
Most of these cases are settled out of court. However, be prepared for the defendants to claim that your recklessness or negligence caused the injury. Even if your actions contributed to the injury, however, you may still have a case.
If you were required to sign a liability waiver before entering the location, such as at a rock climbing gym or laser tag center, you may have only limited ability to take legal action. However, not all waivers will hold up in court. Some are overly broad, for example.
It’s never a bad idea to speak with a personal injury attorney before you agree to any settlement. You don’t want to sign away your rights to further action or accept a payment that’s less than you’re entitled to receive. You want to protect your rights now and in the future.