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Plaintiffs in premises liability cases can share blame for injuries

In our post last week, we discussed amusement park accidents. Normally, parks in California and around the country tend to be very safe while creating the illusion of danger on their thrill rides. But these rides can and do malfunction, and when this happens, park visitors are put in real danger of injury and death.

That being said, amusement park patrons sometimes contribute to their own injuries by acting negligently. In matters of premises liability, California uses the doctrine of comparative negligence. This simply means that if a plaintiff was partially to blame for his own injuries, his compensation may be reduced by the percentage of blame assigned to him.

This past week, a tragic and fatal accident at an amusement park in Ohio provided a grim reminder of how park visitors sometimes contribute to or cause accidents. According to news sources, a man was killed after being struck by a roller coaster train he had recently finished riding. The man reportedly hopped a security fence in order to retrieve a cellphone he had dropped during his ride on the coaster, which is called “the Raptor.”

Because this incident happened so recently, no lawsuits have been filed, and it is unknown if the matter will be criminally investigated. Moreover, based on the details reported, liability is far from clear. On one hand, a very dangerous area exists at the amusement park, wherein a rollercoaster passes near the ground. On the other hand, it was a restricted area with a security fence to keep guests out.

Some accidents on private property are clearly the fault of the property owner or the person who was injured. But in many cases, liability is not cut-and-dried. If you or a loved one has been injured on someone else’s property, an experienced personal injury attorney can help you better understand your rights and legal options.

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