Nevada law allows victims to bring lawsuits for injuries they sustain at amusement parks and theme parks. Claims for money damages can be made against the park’s employees, vendors, operators and/or the park’s owners or parent corporation.
Money damages can include compensation for medical bills, lost wages, pain and suffering, and even wrongful death.
The key to winning a lawsuit against a Nevada amusement or theme park is to prove that the park or one of its employees was negligent.
To help you better understand Nevada’s laws on amusement park and theme parks accidents, our Nevada personal injury attorneys discuss the following, below:
- 1. Common Nevada Amusement Park Injuries
- 2. How to Prove Negligence by a Las Vegas Theme Park
- 3. What Damages Can I Recover for Theme Park Negligence in Nevada?
- 4. Assumption of the Risk at Nevada Amusement Parks
- 5. Popular Theme Parks in Las Vegas
1. Common Nevada Amusement Park Injuries
Although Nevada’s amusement and theme parks are generally safe, accidents still happen.
Potential sources of injuries at Las Vegas amusement parks include (without limitation):
- Nevada roller coaster accidents;
- Food poisoning;
- Slip-and-fall accidents;
- Head injuries from falling objects; or
- Wrongful death from children falling out of restraints designed for larger passengers.
According to the Amusement Safety Organization, over 100 people are injured at Las Vegas theme parks each year. While many of these injuries result from unavoidable accidents, more than a few Las Vegas amusement park accidents are caused by negligence.
2. How to Prove Negligence by a Las Vegas Theme Park
Under Nevada premises liability law, theme parks owe their customers a duty to keep the park in a reasonably safe condition.
Ways Las Vegas theme parks can violate their duty of care include:
- Ride design or manufacturing defects;
- Failure to properly inspect or maintain equipment;
- Failure to post adequate warning signs;
- Failure to comply with ride safety standards (including age and height restrictions);
- Improperly trained or qualified ride operators;
- Operator impairment or distraction; or
- Wet, broken or uneven floors.
Our Nevada personal injury lawyers will look at all the facts surrounding your case to determine if the amusement park operator was negligent — including weather conditions, safety warnings and training undergone by the operator.
3. What Damages Can I Recover for Theme Park Negligence in Nevada?
If you or someone you know was injured at a theme park, our Las Vegas personal injury lawyers may be able to help you get compensation for:
- Medical bills,
- Lost wages,
- Physical therapy,
- Pain and suffering, and
- Other losses.
We may even be able to help you recover punitive damages under Nevada law if an employee intentionally injured you or the park illegally discriminated against you.
4. Assumption of the Risk at Nevada Amusement Parks
Theme park personnel will often claim that they are not responsible for injuries under Nevada’s assumption of the risk doctrine. Assumption of the risk applies when:
- The plaintiff has actual knowledge of the risk involved in a conduct or activity;
- The plaintiff fully appreciates the danger resulting from the risk; and
- The plaintiff voluntarily accepts that risk.[1]
While it may seem that this applies to injuries on theme park rides, Nevada’s assumption of risk law does not permit the operator of a dangerous ride or attraction to transfer all liability to the customer. And even when it does apply, it is often just one factor in a Nevada comparative negligence / shared fault assessment.
Example: Megan decides to go on a fast ride at a Las Vegas casino amusement park. Warning signs are placed at various places around the ride warning that the ride operates at fast speeds and that some patrons may experience dizziness and nausea. But Megan has been on the ride before and done fine.
This time the ride seems faster. As they round a turn, Megan is thrown hard against side of the car causing a spinal injury. She makes a claim for compensatory damages against the casino and its parent company. Her claim is denied on the grounds that Megan assumed the risk of injuries.
But Megan’s Las Vegas personal injury attorney does some digging. He discovers that at the time of Megan’s ride, the attendant was on his phone texting and neglected to slow the ride down. Megan did not assume the risk of employee negligence. The claim is settled out-of-court in Megan’s favor.
5. Popular Las Vegas Amusement Parks and Attractions
Injuries can happen anywhere – even on so-called “family” rides. But the Las Vegas strip also offers more potentially dangerous rides for thrill-seekers.
Popular (but potentially dangerous) rides and amusement park attractions on or near the Las Vegas strip include:
- The High Roller at LINQ;
- Stratosphere Tower thrill rides such as Big Shot, Insanity and Sky Jump;
- Adventuredome rides at Circus Circus (including Canyon Blaster, El Loco, Sling Shot, and the Inverter);
- Voodoo Zipline at the Rio;
- Las Vegas Mini Grand Prix;
- Go-Karts at Gene Woods Racing Experience or Fast-Lap Las Vegas; and
- Impact Archery.
To keep yourself safe on Las Vegas amusement park rides, we recommend keeping your hands inside the ride and obeying all posted safety warnings, including age and height restrictions.
The statute of limitations in Nevada personal injury cases can be as short as two (2) years, so be sure to contact us right away to start working on your case.
Legal references:
- Nev. J.I. 4.16.