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Toronto Amusement Park Injury Lawyers
Toronto amusement park injury lawyers understand that being involved in an amusement park accident can be like riding an emotional, physical, and financial roller coaster. What started as a carefree day of fun has ended in tragedy. A safety belt malfunctioned on the Tilt-A-Whirl, delivering you a debilitating head injury. Or your child was paralyzed when the bar popped open on a Bumper Car.
Verkhovets Law, Toronto amusement park injury lawyers, know amusement park injuries can happen. Fortunately, horrific ride-related accidents and fatalities are rare, and most injuries are minor. But even a fall caused by cracked pavement beside the Ferris wheel could result in a claim if it causes injuries that you should be compensated for. Don’t let anyone take you for a ride over your damages. Call or email our Toronto amusement park injury lawyers.
Why work with our Toronto amusement
park injury lawyers?
Why work with our Toronto amusement park injury lawyers?
Verkhovets Law, Toronto amusement park injury lawyers, advise that there are various possible amusement park injury claims – so going it alone can feel like stumbling through a House of Mirrors. The owner, employees, and ride manufacturers can be held liable individually – or in combination – to compensate for damages you or your loved one has suffered from an accident they caused.
Even if the victim is partially to blame.
Wait, what? Can my child be held responsible for part of his accident? Yes. But not all is lost.
Our Toronto amusement park injury lawyers know how to argue that while your child may have contributed to their injury by standing on a ride, s/he’s possibly not 100 per cent at fault – the operator should have known s/he was too small to be on it. So, you’ll receive a percentage of the damages award rather than the full amount.
The Toronto amusement park injury lawyers at Verkhovets Law explain that amusement parks function under the Occupier’s Liability Act (OLA), meaning the owner has a duty to ensure everyone on the premises is reasonably safe. So, if there’s a proven connection between their negligence and the injury, or death, then an argument for your damages is made.
Toronto amusement park injury lawyers note that Ontario amusement parks also operate under the Technical Standards & Safety Act, 2000 (TSSA) created to enhance public safety. The Technical Standards & Safety Authority (TSSA) is the regulator that inspects rides and makes sure they’re safely run by trained staff. Operators must ensure patrons can move safely on and off rides, or they’re held liable.
In Bhatt v William Beasley Enterprises Limited, 2015, the court awarded $256,692 to a boy and his father – who also sued under the Family Law Act – after the child was injured boarding a ride. The amusement park argued the victims were negligent due to a pre-existing health issue. The court disagreed, noting the ride didn’t normally stop for boarding, and the victims wouldn’t have known that, so they couldn’t assume the risk.
Toronto amusement park injury lawyers
explain common injuries
Toronto amusement park injury lawyers explain common injuries
While it might feel like riding a roller coaster is your last day on earth, the odds of dying are one in 750 million. Indeed, fatalities do happen – so it rarely becomes a news story. But, while deaths are few, there are a range of amusement park injuries. The Toronto amusement park injury lawyers at Verkhovets Law understand the consequences of an amusement park accident can adversely affect the rest of a victim’s life.
It’s not all about the rides – even concession stand food poisoning can lead to short-term lost income or become long-term, because you can develop chronic arthritis, nerve damage, or kidney failure from it.
Back in 2013, at the Canadian National Exhibition (CNE) fairgrounds in Toronto, 79 people became very ill with food poisoning caused by staphylococcus aureus, a known toxin. The culprit was the “Maple Bacon Jam” that topped the Cronut Burger—a hamburger patty between two crueller donuts. The jam should have been refrigerated and wasn’t, according to CTV News.
Our Toronto amusement park injury lawyers cite accident stats found in an Ontario 2020 TSSA report:
- There were 1,377 incidents and near-miss occurrences: 6,457 from 2011-2020
- In 2020 they reported 1,232 non-permanent injuries; 5,860 over 2011-2020
- Twenty-six permanent personal injuries were reported in 2020; 221 in the prior 10 years
- No fatalities were reported in 2020; one occurred between 2011-2020
- The TSSA reported the risk of injury or fatality has increased slightly since the prior year [2019]
- In their 2016 report the TSSA, found 96 per cent of accidents were caused by rider behaviour
The Toronto amusement park injury lawyers at Verkhovets Law note the most frequent
amusement park ride accident injuries are:
amusement park ride accident injuries are:
The Toronto amusement park injury lawyers at Verkhovets Law note the most frequent amusement park ride accident injuries are:
- Amputation
- Back injuries/Spine
- Brain aneurysms from centrifugal force
- Broken bones
- Skull fracture
- Soft tissue
- Drowning
- Food poisoning
- Heart attack
- Burns
- Compound Fracture
- Concussion
- Cuts, scrapes, lacerations
- Stroke
- Traumatic brain injury
- Paralyses
- PTSD
- Whiplash
Toronto amusement park injury lawyers
outline what the legal terms mean
Toronto amusement park injury lawyers outline what the legal terms mean
Product Liability Claim – Verkhovets Law, Toronto amusement park injury lawyers, explain if the defective design of a ride is why you became injured, you may sue the manufacturer claiming – based on a balance of probabilities – they must compensate your damages. This part of personal injury law is designed to protect consumers’ rights by holding manufacturers and retailers liable for the safety of their products – in this case, the rides.
Premises Liability Claim: Our Toronto amusement park injury lawyers say the proposition behind this area of law is basic: everyone must have a reasonable expectation they won’t be injured on someone’s property. So, the park owner/operator can be legally held accountable if they breached their reasonable duty of care to protect guests.
Liability waiver: Toronto amusement park injury lawyers know a liability waiver is meant to protect a park against lawsuits – but it must have strict standards to be effective. A waiver is binding except if the signature is forged; fraud is used to get it; or when the operator ought to have known the person had no intention of being bound by it.
In Zaky v. 2285771 the court denied a motion for summary judgment dismissing an action against a trampoline park for a man’s broken neck. The victim alleged he was pressured to sign a waiver. The court said there is a “genuine issue” requiring a court trial as to whether the park took reasonable steps to bring the terms of the waiver to his attention.
Our Toronto amusement park injury lawyers
explain reasons for injuries
Our Toronto amusement park injury lawyers explain reasons for injuries
The Toronto amusement park injury lawyers at Verkhovets Law say most amusement park accidents don’t ever have to happen. A lap bar comes apart. A seatbelt is put on improperly. A guest tries to hop on a ride before it stops.
A slip-and-fall happens in a puddle next to a splash pad. Fortunately, most injuries aren’t serious, but the Canada Safety Council says minor injuries are underreported and should be better tracked.
Verkhovets Law, Toronto amusement park injury lawyers, reveal the most common reasons for park injuries:
- A ride doesn’t have restraints that work properly: poor fit or malfunctioning
- Operator/human error
- Poor rider conduct
- Slippery, wet ground
- Structural failure of a ride
- Nature of the ride itself (rapid spinning can cause injury without any negligence)
- Person was too small (or big) for the ride
- Trip hazard
- Unsafe ride entrances and exits
Toronto amusement park lawyers at Verkhovets Law list the following as negligence that can cause accidents:
- Failure to train those who run the rides, and keep up with safety and operation updates
- Failure to correct known problems with a ride
- Not keeping the rides in safe order; not cleaning or inspecting them
- Mechanical failure
- Not posting signs that inform of the risks and not making it clear to guests they are assuming the responsibility if they get hurt on a ride
- Operating a ride incorrectly and not giving proper direction to guests
- Warnings not posted about the risks involved for those with pre-existing health concerns, including back injuries, blood pressure issues and heart ailments
Our Toronto amusement park injury lawyers handle these types of personal injury claims:
Our Toronto amusement park injury
lawyers handle these types of
personal injury claims:
And our Toronto amusement park
injury lawyers will help you with these
types of personal injuries:
And our Toronto amusement park injury lawyers will help you with these types of personal injuries:
Broken bones
Concussions
Internal injuries
Soft tissue injuries
Whiplash
Verkhovets Law, Toronto amusement park
injury lawyers, know that being injured
isn’t fun
injury lawyers, know that being injured
isn’t fun
Verkhovets Law, Toronto amusement park injury lawyers, know that being injured isn’t fun
Toronto amusement park injury lawyers
explain how to get damages
Toronto amusement park injury lawyers explain how to get damages
The Toronto amusement park injury lawyers at Verkhovets Law know that serious injuries are worth a lot of money for victims. There’s loss of income from a lengthy recovery and treatment, or long-term disability for debilitating injuries. Damages are awarded for medical or psychological expenses, general pain and suffering and other out-of-pocket expenses, such as lost income, assistance with housekeeping, and more.
If a family member dies of an amusement park injury, you may file a wrongful death claim that allows them to recover damages.
If you or a loved one has been injured our Toronto amusement park injury lawyers have a checklist of what to do to assist your claim’s success assembled by you or someone you trust:
Contact our Toronto amusement park
injury lawyers now
Contact our Toronto amusement park injury lawyers now
Our Toronto amusement park injury lawyers know there are many people who enjoy amusement rides and especially roller coasters. Roller coasters were invented more than 100 years ago. Things have come a long way since then, but the assumption of safety is still the same. It’s the amusement park’s responsibility to ensure you are not injured, and they should be held accountable if they don’t do that properly.