Six Flags New Jersey is a place that many enjoy going to during the summer months, but just recently, things were anything but fun when a malfunction occurred on the El Toro roller coaster. The 19-story-tall roller coaster features a 176-foot drop at over 70 miles per hour at the beginning of the ride. The malfunction occurred toward the end of the ride. Six Flags has yet to release details as to what exactly occurred, but according to officials, 14 people on the ride complained of back pain and injuries after the incident. Six Flags noted in a statement that everyone on the ride was able to get off without assistance after the roller coaster completed its circuit. Five of the 14 individuals injured were transported to a nearby hospital for additional treatment. The ride has remained closed since the incident, and Six Flags has announced that it will remain closed pending an inspection into what went wrong. Six Flags has not yet commented on the nature of the malfunction or what caused it. There have also been no further updates on the medical status of those injured on the ride, but Six Flags stock has dropped 6% since the incident.
Suing for Amusement Park Injuries
Amusement parks often feature thrilling and dangerous rides that push the bounds of safety and physics. For this reason, amusement parks also have liability waivers that can make it hard to hold them liable in the event that you are injured on one of their rides. In many cases, these liability waivers are printed right on the ticket, and you are considered to have agreed to the terms simply by entering the park. However, these liability waivers are not always airtight.
Liability waivers are intended to keep amusement park patrons from suing over injuries that could not reasonably have been prevented or that are likely to occur despite the park’s reasonable efforts to ensure a safe experience. However, if the park or its employees were grossly negligent, courts will often overrule the liability waiver and allow the injured party to recover damages. So, what is gross negligence? If a park employee was operating the roller coaster while drunk or intentionally operated it incorrectly, this could constitute gross negligence. The park could also be found grossly negligent if they had neglected to repair or inspect a ride for a long time, despite reminders, complaints, regulations, or legal guidelines.
Additionally, in the case of a malfunction, it may be possible for the injured party to hold the roller coaster manufacturer or the component manufacturer liable. Because each situation is so specific, it is always a good idea to consult with an attorney who can review the circumstances of your case and help you determine what options are available to you legally.
How Much is a Roller Coaster Injury Claim Worth?
If you are injured on a roller coaster due to the gross negligence of the amusement park or the negligence of another party, such as the manufacturer, you can bring a personal injury claim to recover damages. The purpose of a personal injury claim is to financially restore the victim of someone else’s negligence. The suit aims to put the person back in the position they would have been in financially had the roller coaster accident never occurred. This means that the value of your injury claim will be equal to the amount of harm that you suffered as a result of the accident. Of course, it is not entirely possible to put a value on an injury, but the courts try. You will be entitled to compensation for all costs incurred as a result of the accident, including medical care and lost wages, as well as for pain and suffering. Pain and suffering damages are calculated based on the total amount of your financial losses as compared to the permanence and severity of your injury. Because there are so many factors involved in calculating damages, it is a good idea to consult with a New Jersey personal injury lawyer to get an accurate estimate of the value of your claim.
Contact Smith & Williams Law Firm, LLC
If you have been injured at a New Jersey amusement park, the experienced personal injury attorneys at Smith & Williams Law Firm, LLC will fight to get you the maximum amount of compensation that you are entitled to and hold the liable parties responsible for the harm that they have caused. Contact Smith & Williams Law Firm, LLC today to schedule a consultation.
