Toronto amusement park accident lawyer says you can recover damages for injuries
A Toronto amusement park lawyer asks if you’ve ever heard the expression, “It’s all fun and games until …” That’s a bit what it’s like in an amusement park. One minute you’re smiling ear-to-ear on a ride; the next being bundled into an ambulance and a financial merry-go-round.
If you or a loved one are injured in an amusement park accident, a Toronto amusement park injury lawyer says you can recover medical bills, lost earnings, and recoup other damages by filing a personal injury lawsuit in Ontario’s Superior Court of Justice.
Why? A Toronto amusement park accident lawyer says in Ontario the parks operate under the Technical Standards & Safety Act, 2000 (TSSA) which inspects rides and ensures they’re run by properly trained staff. Operators must ensure patrons can get on and off rides safely. Further, under the Occupiers Liability Act the park owner/occupier has a duty to ensure visitors’ safety. If the duty is breached, that’s negligence, and damages can be awarded via your civil claim.
But how do you do that? A Toronto amusement park injury lawyer says you must prove that there is a connection between the negligence and the injuries. If you can, then you may be awarded compensation for your damages from an amusement park accident.
Toronto amusement park injury lawyer outlines reasons for amusement park accidents
A Toronto amusement park accident lawyer knows that even a tepid spin in a teacup ride can potentially end with an injury from an amusement park accident. So while these parks usually are just a thrill-filled day without a scratch, there’s also the potential for personal injuries to occur – in more ways than you may realize.
A day at the amusement park can even threaten you with random events like a fire breaking out with the risk of smoke inhalation, slipping, and falling, says a Toronto amusement park injury lawyer. An example is when a blaze broke out at Canada’s Wonderland causing the park to be evacuated. No injuries were reported. But they could have – this amusement park owner demonstrated knowledge of the duty of care, says a Toronto amusement park accident lawyer.
A Toronto amusement park injury lawyer notes that operator error and poor rider conduct are among reasons for amusement park accidents. Restraints that are a sloppy fit, malfunctioning or don’t work on rides are also known reasons that can lead to injuries. Slippery, uneven, or ground with hazards can lead to slip and falls. Sometimes a rapidly spinning ride can lead to health issues. Meanwhile the ride entrances and exits can be unsafe and cause an accident.
Failing to keep up with safety and operation updates of the rides and lack of training, are negligent actions that can lead to injuries, adds a Toronto amusement park accident lawyer.
Other negligence that could lead to accidents includes not fixing known issues with a ride, and not cleaning, inspecting, or keeping them in safe shape, leading to a personal injury.
A Toronto amusement park injury lawyer further lists mechanical failure, and no signs posted about the various risks inherent in going on the rides as common reasons behind accidents.
Even paddling in the water park carries risk: a child can drown in one inch (2.5 cm) of water.
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Can I collect from the amusement park if my accident is due to faulty equipment?
Yes, if someone was injured because of faulty equipment they can launch a product liability lawsuit, says a Toronto amusement park accident lawyer. Unfortunately we’ve all heard of horrific accidents that ended with someone hurt on a ride due to structural or design defects instead of negligent maintenance, operation, or inspection reasons. A claim can result in damages awarded to the injured party.
Toronto amusement park injury lawyers have experience in what’s needed to prove a product liability claim, including showing that the amusement park equipment was defective and that it led to the injury. You can sue the manufacturers claiming they must compensate your damages.
But our Toronto amusement park injury lawyers note that a TSSA report says only four per cent of amusement park accidents are because of mechanical or operator negligence and are mostly the rider’s fault. That’s a good reminder to always follow the park rules.
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Toronto amusement park accident lawyer says you can get compensated for a slip and fall injury at an amusement park
A Toronto amusement park accident lawyer understands that while a mechanical or operator failure of a ride could lead to an accident, a leading reason for injuries happening in an amusement park is slip and falls. That’s because every time you enter an amusement park, your safety is in the park owner/operators’ hands. Negligence from poor lighting to water on the ground can cause a slip and fall accident, especially if a negligent operator hasn’t posted warnings or erected barricades.
Damages that you can be compensated for after a slip and fall in an amusement park includes losses for:
- Medical bills
- Healthcare costs in the future
- Pain and suffering
- Enjoyment of life loss
- Income loss related to missing work from the injury
- Rehabilitation/therapy costs
- Medication and/or equipment for treatment
There is a deadline for filing a lawsuit arising from a slip and fall accident, says a Toronto amusement park injury lawyer. Under the Limitations Act (2002) an injured party must file their claim within two years of the accident. If you miss the deadline, you lose your right to sue.
As well, if you plan to file for insurance benefits or disability compensation arising from the amusement park slip and fall, it must be done within 30 days.
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What damages are there for a spinal cord injury from an amusement park accident?
While nobody wants to think about it, a Toronto amusement park accident lawyer says the reality is that a spinal cord injury could happen at an amusement park – and it’s the most complicated and financially draining injury one could sustain. The range of injury is wide, and therefore the damage awards vary.
A Toronto amusement park accident lawyer says experience has shown that roller coasters in particular pose a threat to healthy spines with potential injuries ranging from whiplash to herniated discs thanks to the sudden jerking movements and increases and decreases of speed. And if the injury is to the spinal cord, there’s a chance the victim may never recover fully.
The first step after suffering a spinal cord injury at an amusement park is to apply immediately for Statutory Accident Benefits Schedule (SABS) no-fault insurance to recover compensation for damages. In addition, if the spinal cord injury is catastrophic there are enhanced benefits.
A Toronto amusement park injury lawyer notes that a civil lawsuit should be launched in the Ontario Superior Court of Justice – significant damages have been awarded by Canadian courts.
The most common expenses that require compensation include those for long-term care, medical equipment, medications, psychological treatment, rehabilitation, future health care costs, housekeeping costs, loss of income, loss of enjoyment of life, home modifications, and pain and suffering.
Complete quadriplegia costs over a lifetime an estimate $3 million while incomplete is $1.5 million. Either way, a Toronto amusement park accident lawyer advises that receiving the most compensation is vital.
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What type of summer or day camp negligence can happen?
A Toronto summer camp injury lawyer explains that while it can be a wonderful experience for a child to attend sleepaway or day camp, there is the risk that negligence on the part of counsellors, the camp itself, or both, can lead to an unfortunate injury. So it’s a good idea to know in advance what to look out for before sending your kids off – without you.
The first point to understand is that just like an amusement park, the camp owner’s responsibility is covered under the Occupier’s Liability Act, meaning they must do everything they reasonably can to ensure there are no hazards and the environment is safe for everyone, says a Toronto summer camp injury lawyer. If they haven’t, that’s the main area of negligence.
That means there should be no damaged floors, or other slip and fall hazards; fire and burn safety best practices should be employed; protective equipment must be provided; swimming supervision; provisions in place to avoid animal attacks; protection from heat-related illnesses.
In addition to the physical safety of the camp itself, is the potential for an injury inflicted by another camper, notes a Toronto summer camp injury lawyer. That can include bullying, physical violence-related injury and emotional trauma.
Most camps ask you to sign a waiver releasing them and staff from liability. Don’t sign without it being explained to you or have a Toronto summer camp injury lawyer review it, because these documents are usually steeped in legalese and can be tricky.
Remember, a waiver may not automatically apply depending on the circumstances and type of injury if it happens. Don’t assume there isn’t negligence that’s not covered and always talk to a Toronto summer camp injury lawyer even if there is a waiver in place because you may be able to hold the at-fault party liable with a personal injury lawsuit.
Call or Email a Toronto amusement park accident lawyer to start your injury claim
A Toronto amusement park accident lawyer knows the aftermath of an amusement park accident can be overwhelming. We’ll guide you through the complex process.
Call (905) 910-1440 or email our Toronto amusement park accident lawyer and let’s get started.
