Theme Park | Premises Liability
A business entity and or proprietor of a theme park is required to:
- Use due care to keep their premises in a reasonably safe condition;
- Use reasonable care when operating, supervising and inspecting their premises for any unsafe conditions that could cause harm (injury or death) to others;
- Use due care to repair or warn of anything that could reasonably be expected to cause harm (injury or death) to others.
Theme Park | Duty of Care
Courts have routinely held that theme park operators owe a duty of care to the customers they services. Example court holdings include:
- Water Skiing and Swimming Facilities: There is a duty of care to supervise and protect their guests from others’ wrongful conduct; and
- Slide at Amusement Park: An owner must use reasonable care to see that all equipment is constructed and maintained appropriately, and to make sure that their equipment is operated properly by their employees.
Theme Park | Non-Delegable Duty
A proprietor’s duty to use reasonable care in the operation, maintenance, inspection and supervision of its theme park is non-delegable meaning that an owner can not avoid liability by hiring an independent contractor to perform these tasks; owners may be held liable for injuries incurred by their patrons from the negligence of an independent contractor or concessionaire.
Theme Park | Negligence Per Se
A theme park owner’s (operator’) violation of a statute or a regulation may give rise to a presumption of negligence under negligence per se and shifts the burden to the owner that their violation was not the cause of the harm (injury or death) suffered.
Ordaz Law, APC | Theme Park
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a premises liability, personal injury lawyer in San Diego County. We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses.
Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego premises liability, personal injury lawyer.
We are for Justice no Matter Who it’s for or Against.
Learn More:
What is the Statute of Limitations for a Personal Injury Action?
What Should You Expect from Your Personal Injury Attorney?
What Should You Expect from Your Injury Lawsuit?
Will My Personal Injury Case Go To Trial or Be Settled?
Premises Liability | Personal Injury
Blog: Personal Injury