Personal Injury - May 8, 2024

Navigating Amusement Park Injury Claims in Atlanta: Your Legal Guide

Amusement parks promise fun and excitement but can also pose risks of unexpected injuries. Knowing how to respond legally if an injury occurs is crucial. T. Madden & Associates, P.C., specializes in helping victims of amusement park accidents in Atlanta navigate their legal rights and options. This guide offers an in-depth look at what constitutes a valid personal injury case against amusement parks, outlines the safety laws in Georgia, and provides detailed analyses of significant cases in the state.

Key Elements of Amusement Park Injury Cases

For those affected by amusement park accidents, understanding the legal landscape is the first step towards compensation.

1. Proving Negligence

A successful personal injury claim in Georgia hinges on proving that the amusement park failed in its duty to provide a safe environment. This could involve anything from mechanical failures on rides due to improper maintenance to inadequate safety briefings by park staff. Documenting such negligence is crucial in establishing liability.

For example, if a ride malfunctions because it wasn’t maintained according to the manufacturer’s guidelines, the park could be held liable for any resulting injuries. Similarly, if a park employee improperly secures a guest on a ride, leading to an injury, this could be grounds for a negligence claim.

2. Documenting the Injury and Cause

Effective documentation is critical in strengthening a personal injury claim. Victims should photograph the scene, collect statements from witnesses, and ensure an incident report is filed with park management immediately following the injury.

3. Assessing the Impact of the Injury

The severity of injuries and their impact on the victim’s life are pivotal in determining compensation. Cases involving severe injuries that lead to substantial medical bills, significant time off work, or long-term disability are particularly compelling.

Georgia’s Amusement Park Regulations

Georgia enforces stringent safety regulations to protect amusement park visitors:

1. Routine Inspections

State laws require regular inspections of all amusement park rides and facilities to ensure safety standards are maintained.

2. Compliance with Industry Standards

Amusement parks must comply with national safety standards, which dictate everything from ride maintenance to operational protocols and staff training.

3. Mandatory Liability Insurance

Amusement parks are required to have sufficient liability insurance to cover injuries and accidents, ensuring victims can receive compensation without the need for protracted legal battles.

Notable Georgia Amusement Park Incidents of Injury

1. Urban Air Adventure

A six-year-old girl experienced a life-threatening incident at the Urban Air Adventure Park in Newnan, Georgia, during a zip line ride. The event unfolded on June 27, 2023, when Michael Wilbourn took his daughter to the park, hoping to enjoy the popular Sky Rider attraction. Tragically, she became entangled in the zip line cord, leading to a desperate struggle for breath. Her father, recognizing the urgency of the situation, intervened heroically by climbing over barriers to free her from the cord’s grip, without any assistance from the park staff.

This alarming incident raised serious concerns about the park’s safety measures and staff responsiveness. Michael Wilbourn confronted the management, who offered a refund, but he demanded more substantial actions to ensure visitor safety. Following the ordeal, the young girl suffered from neck and back pain and showed visible signs of injury from the strangulation. A representative from Urban Air acknowledged the incident and reiterated the company’s commitment to safety, although specifics on any subsequent safety measures or changes were not disclosed.

2. Andretti Indoor Karting and Games

On February 10, 2014, Tanisha Marshall, an insurance underwriter and aspiring personal trainer, was severely injured at Andretti Indoor Karting and Games in Roswell, GA after being struck from behind and crashing into an unpadded wall. Marshall sued the amusement park owner, AIKG LLC, citing negligence for failing to conduct a safety briefing or warn of the hazards, including the non padded wall. She sustained bilateral ankle fractures and a closed head injury, resulting in $150,000 in medical bills and potential future surgeries.

The case highlighted safety lapses, including destroyed evidence by Andretti, leading to a spoliation sanction against the park. The defense argued Marshall was aware of the risks and partially responsible. The jury attributed 64% liability to AIKG, 12% to Marshall, and 24% to the other driver, awarding Marshall $2 million, reduced to $1,280,000 after adjusting for liability. Marshall had sought $3 million for medical costs, pain and suffering, and loss of earning capacity. Despite the defense’s claim of her recovery, the award reflected the accident’s significant impact on her life and career.

3. Six Flags over Georgia

In 2007, Joshua Martin suffered permanent brain damage after being attacked by a group, including Six Flags employees, while waiting for a bus outside the park. The assault left him in a coma for seven days. In 2013, a Cobb County jury awarded Martin $35 million in damages, with Six Flags responsible for $32 million. This decision was contested, reversed by the Georgia Court of Appeals, but later reinstated by the Georgia Supreme Court in 2017, affirming the liability of Six Flags and the attackers. The case returned to trial to reassess the $35 million award, considering additional attackers might be responsible. The attackers, identified as Six Flags employees, had earlier harassed visitors inside the park and were convicted of aggravated assault and violating Georgia’s Gang Act.

Takeaways

Understanding your legal rights after an amusement park injury in Atlanta is essential. T. Madden & Associates, P.C. is committed to providing expert legal representation to ensure victims receive the compensation they deserve.

If you or someone you know has suffered an injury at an amusement park, reach out to T. Madden & Associates, P.C. for a consultation. We are dedicated to helping you successfully navigate your amusement park injury claim.