Visiting the County Fair 101
 
06/26/2017 09:46 AM

Dangerous Rides

It’s almost a given, that if you are about to embark upon a county fair ride, a little voice in the back of your head is questioning whether or not it’s safe. More than likely, you saw ride disclaimers releasing the operator from liability in case of an accident. Once you buckle up, you are making an assumption of risk, because you already know it is dangerous.

It may seem almost impossible for an injured party to sue an operator, due to the ride disclaimer and the assumption of risk. However, disclaimers are rarely enforceable in injury cases, particularly when underage children are involved.

Fair’s Liability for Injuries 

Typically, the most common injury claims for amusement parks are negligence and product liability. For negligence, it must be proved that the park and or its employees failed to be reasonably careful, and from this carelessness, injuries occurred. A product liability case against the manufacturer may result if the ride itself, or its parts contributed to an accident,

Fair’s Liability for Their Employees 

Generally, the organization that is putting on the fair, as well as vendors, are responsible for having liability insurance for all employees. Employers and employees have a duty of care for others. Simply put, if someone can foresee the possibility of injuring others as a result of their own actions, they are responsible.

Either the employer, the employee, or both may be found liable for breaching their duty of care to the victim. In the case of the employer, they may be held responsible for negligence in employment. For example, they may have failed in the training of the employee, or even hired someone who wasn’t qualified for the position. As with any business, if a customer is injured, the possibility of a lawsuit is possible.

Reference
 
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