Are Amusement Parks Really Dangerous?

There is something about the thrills of an amusement park that entices both excitement and fear.

From the taste of metal in your mouth while you can’t help but scream as the rollercoaster you’re on speeds on and loops and rises only all too slowly and only for all of it to drop faster than Greece’s GDP to the mixed calm and adrenaline from being so high up in a ferris wheel but how soothing the gentle mechanical movement of it all is. From the lights and music that inspires something sweet and nostalgic from the carousels to the unending amusement that bumper cars have to offer. In a place designed for fun, happy memories, and excitement – it is hard to think that anything bad can happen in a place like this.

Unfortunately, thanks to the negligence of some people, incidents like this are more than just possible. They have happened before, even.

Amusement parks are held to a certain standard of care due to the potential threat that their rides and attractions can cause if not properly maintained or manned. It is not, after all, your responsibility to ensure that the premises that you enter is safe for you. The park’s management and administration should be held accountable for any injuries caused by malfunctions or negligence while you are on the grounds of the park. The branch of the law that covers your case in this, according to definitions stated by the website of the people with Williams and Kherkher, is the one of personal injury.

Technically speaking, “personal injury” is defined as any injury (physical, emotional, and/or mental) that is caused to a person due to the negligence of another party. The intent is irrelevant as the party that caused the injury will still be held accountable no matter the variables of intention.

Wrongful Death in Kentucky

When someone dies because of another person’s action, it can be murder (with intent to kill) or wrongful death (accidental). It may seem like splitting hairs; it still means that someone is dead. However, there is a big difference in terms of the punishment. When there was intent to kill that person, it is a criminal act, and that person will go to jail. On the other hand, if there was no intent to kill and the death came about by accident or a s a result of an assault, it is not a crime. However, the person or entity responsible for the death will still be civilly liable if there was negligence involved. Louisville KY personal injury lawyers call this wrongful death.

All states have laws regarding wrongful death. In Kentucky, wrongful death is “the death of a person (that) results from an injury inflicted by the negligence or wrongful act of another.” (Kentucky Statutes § 411.130) The act may have been intentional, such as beating up a person with a bat, but it does not necessarily mean that the desired end was the death of the victim. A good example is road rage. It is easy for two people to act recklessly in the heat of the moment, and if one of them dies as a result, that would be wrongful death, not murder.

A clearer example would be product liability. If a drug company sells a product they know could have serious side effects on some patients, but intentionally withholds this information from the public, they become civilly liable for anyone who dies from taking the drug. While the drug company did not assault or even know the victim, the fact that they violated their duty of care towards their customers by withholding vital information means they are directly responsible for that death.

As the victim is dead, other people may file a wrongful death suit. Kentucky law only allows the personal representative of the deceased’s estate to file. The probate court names the personal representative. Any awards from the lawsuit will accrue to the estate and be distributed to the legal beneficiaries of the estate, if any, once all administrative expenses, including funeral and burial expenses, are deducted.

The spouse and children are the primary beneficiaries, but in the absence of both, the parents of the deceased will receive the award. If there are no surviving parents, the estate is distributed as dictated by the deceased’s will, or in the absence of a will, any other legal heirs. A wrongful death lawsuit can be filed even as a criminal case is ongoing; Kentucky law only allows one year from the victim’s death for a wrongful death lawsuit to be filed.

Settling a Motorcycle Accident Case

Settling an injury lawsuit or an insurance claim can be tricky because there are various factors that can affect how much the case would amount to. It is important to understand what factors could affect or at least forecast the possible outcome of the case in money figures in order for you to be able to put a value on your motorcycle accident case.

First, check the availability and the amount of insurance the defendant has. A settlement may not be successful if the defendant has very few other assets, and you may have to accept a settlement that would be equal to the insurance coverage limits of the defendant, even though it may be lower than the actual amount of damages made. Next, see how both you and the defendant put “value” to the case – this typically means having an assumption on how much the jury would award you (the plaintiff), along with the amount of compensation the defendant can possibly pay. Putting value to the case is generally affected by the extent of damages suffered by the plaintiff and how the jury would see the liability of the defendant in the accident.

Regarding the likelihood of the defendant to be liable for the accident, it is your (as the plaintiff’s) responsibility to prove, with evidence, of the defendant’s negligence that eventually caused the accident. Proving the defendant’s fault plays the key role in ensuring that the settlement or compensation granted by the court will be equal to the damages that the accident caused. Lastly, according to Habush Habush & Rottier S.C. ®, concrete costs such as medical bills and damages can be easy to put value to, less concrete ones such as emotional trauma and pain and suffering can be hard to compute. Since every motorcycle case can differ, it is greatly suggested to consult and have a motorcycle accident lawyer to guide you through the whole process. An experienced and knowledgeable lawyer may have an idea on how much the plaintiff’s damages would be worth and how much settlement is acceptable and fair.