Amusement parks, (including carnivals and fairs), and ride manufacturers have a duty of care to make and operate rides safely. Tragically, incidents of operator negligence or defective product occur and result in serious injury or death of victims – all preventable. If a ride operator or manufacturer fails to abide by safety guidelines, then the party or parties who breach this duty of care may be liable for any damages that victims suffer in these events.
A Virginia personal injury attorney would need to prove certain elements in order to be successful in obtaining financial compensation the victim may deserve for their losses:
- The alleged at-fault party (the defendant) had a duty of care of the victim (plaintiff).
- The defendant breached that duty of care by acting improperly or failing to act and this failure caused the incident
- The plaintiff was harmed as a result of the defendant’s failure
- The plaintiff suffered harm (i.e. losses) as a result