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Assumption of Risk and How It Might Affect an Amusement Park Accident Case in Pennsylvania

On behalf of greg Posted in Personal Injury on Tuesday, November 8, 2022.

Amusement park accidents can have serious consequences, and if you or a loved one has been injured in an amusement park accident in Pennsylvania, you may be entitled to compensation for your medical bills, lost wages, and various other such losses resulting from your accident.

That said, in some cases, the concept of assumption of risk may come into play and affect your ability to recover damages. Here’s what you need to know about assumption of risk and how it might impact an amusement park accident case in Pennsylvania.

What is assumption of risk?

Assumption of risk is a legal doctrine that holds that an individual who voluntarily exposes themselves to a known risk cannot later seek compensation for injuries sustained as a result of that risk. In other words, if you are aware of the danger involved in an activity and choose to participate anyway, you are generally assumed to have accepted the risk and cannot seek damages if you are injured.

How might assumption of risk apply to an amusement park accident case in Pennsylvania?

In the context of an amusement park accident case in Pennsylvania, assumption of risk might come into play if the plaintiff (the individual seeking damages) voluntarily participated in an activity that carried an inherent risk of injury. For example, if someone is injured while riding a roller coaster at an amusement park, they may be unable to recover damages if it can be shown that they assumed the risk of injury by choosing to ride the roller coaster. Most people who visit amusement parks naturally understand that the rides at these parks can cause injury to guests in various ways.

However, it’s important to note that assumption of risk is not an absolute defense to a claim for damages. There are situations in which an amusement park may still be held liable for injuries sustained by a plaintiff even if the plaintiff assumed some level of risk. For example, if the amusement park was negligent in maintaining the ride or failed to properly warn patrons of potential dangers, the park may still be held liable for injuries sustained by a patron.

How can you protect your rights in an amusement park accident case in Pennsylvania?

If you or a loved one has been injured in an amusement park accident in Pennsylvania, it’s critical to seek legal advice as soon as possible. An experienced personal injury attorney can help you understand your rights and options and advise you on the best course of action to take. In some cases, it may be necessary to negotiate with the amusement park or file a lawsuit in order to recover damages. An attorney can represent you in these proceedings and advocate on your behalf to ensure that your rights are protected.

At Soloff & Zervanos, P.C., our Philadelphia amusement park ride accident attorneys are on hand to review your case and offer the aggressive representation you deserve in these circumstances. To learn more about what we can do for you, contact us online or call us at 212-929-7216.