Improper Ride Maintenance
If an amusement ride malfunctions while your child is a passenger, they could sustain serious injuries. In the event that your child is injured in an amusement ride accident, it is important for your family to determine the cause of the accident. Knowing what went wrong will help you determine fault in the situation. If you are interested in filing a personal injury claim to recover compensation for your child, it will be important to know what caused the incident and who is responsible. One common cause of amusement ride malfunction is improper maintenance. You can learn more about this issue here.
What is Improper Maintenance?
As I’ve discussed on another page, improper setup can occur when people assemble rides incorrectly. This might occur in the event of moveable rides, that are put up and taken down at many different locations over the course of a season.
If an accident occurs with amusement equipment, you will have to determine if it was a result of improper assembly or improper maintenance. Improper maintenance differs from improper setup because improper maintenance occurs when regular checks on equipment are skipped or rushed. So, if equipment breaks because a step was skipped while assembling the ride, this will likely be considered improper setup. On the other hand, if a ride breaks because of old or broken equipment, this is likely the result of improper maintenance. Old or faulty equipment should be replaced in a reasonable manner to make sure that it doesn’t have a negative effect on the ride.
Who is Responsible?
It is the equipment owner’s responsibility to make sure that each ride is in proper working order. They should periodically check the equipment themselves and have a maintenance team come in to check the rides and make sure that they are safe for use.
If the equipment owner neglects to schedule proper maintenance, any subsequent accidents could be their responsibility. On the other hand, if the owner schedules maintenance and the maintenance team misses an issue with the equipment, the maintenance team or company can be held responsible for subsequent accidents.
It will be up to you and your legal team to determine 1) if improper maintenance caused an accident and 2) who is responsible for the improper maintenance issue. You can determine this by establishing how the accident occurred. For example, if a beam snapped on a ride because it was rusted out, this might be a result of improper maintenance.
You can also talk to the equipment owner to determine if they are responsible for improper maintenance. Ask to see records of maintenance to make sure that they followed proper protocol and regulations.
If you need help doing these things, you can contact my office. Our team is happy to determine the cause of an accident on your behalf. Call us for more information.