Fall is around the corner. That means fall festivals, trips to the pumpkin patch, and trips to the farm. Many festivals, pumpkin patches, and large farms often have amusement rides. These rides can vary from everything from small trains to small Ferris wheels and everything in between. Occasionally a person can be injured on amusement rides. This blog post is intended to provide an overview of the legal claims a person may have and the legal issues a person may face that is injured on an amusement park ride.
In Oregon, if you've been injured on an amusement ride or device, you may potentially have a legal claim for compensation if you can establish that the park's negligence or a defective product caused your injuries. Here are a few key points to consider:
Were you injured on an amusement ride or amusement device: Oregon law specifically defines Amusement Devices and Amusement Rides. ORS 460.310. Basically, if there is a structure that is providing amusement to others and generating money for the owner or operator it is an amusement device. If it is a vehicle, boat, or mechanical device, moving along a perimeter, structure, cables, rails or the ground to convey people for amusement, entertainment, or recreation then it is an amusement ride.
Negligence: To establish a negligence claim, you generally need to show that the amusement park or its employees failed to exercise reasonable care, which directly led to your injury. For instance, if the ride operator failed to secure your safety restraint properly, resulting in your injury, you might have a negligence claim.
Negligence Per Se: Negligence per se is a legal doctrine that arises in personal injury law. It refers to a situation where an individual is considered automatically negligent if they violate a statute, regulation, or law that was designed to prevent the type of harm that occurred. In other words, the person's conduct is presumed negligent without the need for further evidence to establish their failure to meet a reasonable standard of care. Oregon Amusement rides are goverened by ORS 460.310-
Product Liability: If your injury was caused by a defect in the amusement park ride itself (such as a faulty safety harness or mechanical failure), you might have a product liability claim. Product liability claims can be based on defects in design, manufacturing, or inadequate warnings about potential risks.
Premises Liability: Amusement parks also have a duty to maintain their premises in a safe condition. If your injury occurred due to a hazardous condition on the property (like slippery surfaces or poorly maintained walkways), you might have a premises liability claim
Comparative Negligence: Oregon follows a modified comparative negligence system. This means that even if you are partially responsible for your injury, you may still be able to recover damages. However, your compensation may be reduced by the percentage of fault assigned to you.
Waivers and Notice: Amusement parks often require visitors to sign liability waivers or have prominent signs warning of the inherent risks associated with rides. These waivers might impact your ability to bring a claim, but they don't necessarily absolve the park from all responsibility. Courts in Oregon will consider the validity and enforceability of such waivers.
Statute of Limitations: In Oregon, there is a statute of limitations that sets a time limit for filing a personal injury lawsuit. Generally, you have two years from the date of the injury to file a claim, but exceptions may apply depending on the circumstances.
Remember, every case is unique, and the specific circumstances of your injury will impact the strength of your potential legal claim. It's essential to consult with an experienced Oregon personal injury attorney such as Jeremiah Ross at 503.224.1658 who can evaluate your case and guide you through the legal process if you're considering pursuing a claim for injuries sustained on an amusement park ride in Oregon.
Please remember this post is not to be considered legal advice. Please contact an Oregon Personal Injury attorney, such as Ross Law PDX, to discuss whether or not you have a valid case. Please also remember Oregon Law is constantly changing, so this post may not be based on current Oregon Law.