December 13, 2017 Category: Premises Liability
Southern California is home to some of the country’s most famous and popular theme parks and attractions. Disneyland, Universal Studios, Disney California Adventure, Six Flags Magic Mountain, SeaWorld, Balboa Fun Zone, and Legoland California are just a few of the tourist magnets populating the southern part of the state. While these attractions can be great for family fun and get-togethers, they can also be incredibly dangerous.
Accidents and injuries at theme parks and other tourist attractions are common. Many times, injuries are manageable and require little to no medical attention. Occasionally, however, a theme park, museum, or attraction guest can get seriously injured. These injuries can be costly – both financially and emotionally. If you have been injured on the premises of a southern California theme park, museum, convention center, or tourist attraction you may be entitled to monetary compensation.
Premises Liability in California
If you or someone you love has been injured while on another’s property in California you may be able to recover compensation from the owner through a premises liability lawsuit. In California, premises liability lawsuits are based on the theory of negligence. Property owners – especially those who hold their property open to the public – have a duty to prevent reasonable and foreseeable harm to guests. If an accident and injury occur on another’s property the owner of that property may be responsible if he or she failed to uphold this duty.
- The property was owned, leased, occupied, or controlled by the defendant;
- The defendant was negligent in the use or maintenance of the property;
- The plaintiff suffered an injury; and
- The defendant’s negligence was a substantial factor in causing the plaintiff’s injury.
Heightened Responsibility for Tourist Attractions
Tourist attractions – including theme parks, tourist attractions, and convention centers – have a heightened duty to prevent foreseeable harm to its guests. These popular attractions are open to the public and are required to prevent injury and provide a safe environment for its customers. The knowledge that hundreds of thousands of guests will roam throughout the premises requires these attractions to take extra precautions. These extra precautions may include things as simple as posting warning signs about running, employing staff to constantly police the grounds or premises for trash and spills, and running routine maintenance checks on vehicles or rides that guests may use.
If a guest is injured while visiting a California tourist attraction, the court will weigh certain factors to determine the facility’s duty of care. Factors that a court will review include:
- How foreseeable the victim’s injury was;
- The cause of the injury;
- A connection between the victim’s injury and the attraction’s conduct;
- Rules, procedures, and policies the attraction had in place to prevent the type of injury the victim sustained; and
- The cost associated with fulfilling the duty.
Common Tourist Attraction Injuries
A slip and fall is one of the most common injury-causing accidents that happens at southern California tourist attractions. Whether the walkways are cracked and bowed, there is slippery trash on the ground, or if there is a puddle of standing water the injuries from a slip and fall can be significant. Injuries a slip and fall victim may sustain include:
- Back injuries;
- Neck injuries;
- Spinal cord injuries;
- Traumatic brain injuries;
- Internal organ damage; and
- Wrongful death.
Tourist Attraction Accident Damages
A slip and fall or other accident injury can be life-altering. If the tourist attraction or property owner breached the duty to prevent foreseeable harm a victim may be able to recover compensation. Damages that a tourist attraction accident victim can recover are typically divided into two categories.
Economic damages are awarded for medical bills, rehabilitation, nursing care, prescriptions, lost wages, and other calculable costs incurred by the victim. These damages are intended to compensate the victim for the out-of-pocket costs – and foreseeable loss of future earnings – that they suffered as a result of the accident.
Non-economic damages are awarded for pain and suffering, mental anguish, loss of consortium, and other injuries that are more difficult to assign a monetary value. These injuries are generally of a more subjective nature and will vary with each specific case. In the event of a death of a loved one non-economic damages may be significantly greater to compensate for the family’s grief.
Experienced Tourist Attraction Accident Attorneys
Whether you are a southern California local or a tourist visiting from another part of the world, our experienced personal injury attorneys are ready to help you fight for compensation you need to recover from your injury. If you have been injured on the premises of a theme park or tourist attraction in southern California call our office today for a free consultation. We will review the details of your case, explain your legal rights, and determine which party(ies) may be responsible.