What Should You Do if You're Injured at an Amusement Park?

Published on: 05/10/24 — In 

Suffering an injury at an amusement park can turn a day of fun into a traumatic experience. Understanding your rights and the steps to take immediately after such an incident is crucial for ensuring your safety and securing the necessary compensation for your injuries. Navigating the aftermath of an amusement park injury involves dealing with complex legal issues, including liability claims and potential settlements.

If you or a loved one has been injured at an amusement park, it is essential to seek legal assistance as soon as possible. An experienced Chicago premises liability attorney can help you understand the intricacies of amusement park accidents, including how to document your injuries, deal with insurance companies, and establish liability.

Contact our law firm today at (312) 300-2515 to schedule a free consultation. Our team is dedicated to advocating for your rights and ensuring that you receive the compensation you deserve. Don’t let your amusement park injury go unaddressed—let us help you through this challenging time.

Are Amusement Parks Liable for Injuries on Their Property?

Amusement parks are generally liable for injuries that occur on their property under the principles of premises liability, provided that the injuries result from the park's negligence. Here’s how liability is determined:

Duty of Care

Amusement parks have a high duty of care to ensure the safety of their guests. This involves maintaining the park, rides, and facilities in a safe condition, regularly inspecting and repairing equipment, and providing adequate safety warnings and instructions.

Breach of Duty

If an amusement park fails to uphold this duty of care, such as by neglecting maintenance or failing to train staff properly, it can be considered a breach of duty. Demonstrating this breach is a critical component of establishing liability.


To hold an amusement park liable, it must be shown that the park’s breach of duty directly caused the injury. For instance, if an injury results from a mechanical failure on a ride that was not properly maintained, this could clearly point to causation.

a photo of a ferris wheelat an amusement park  in the evening


The injury must have resulted in quantifiable damages to the victim, such as medical bills, lost wages, or pain and suffering.

Liability Considerations

In some cases, the injured party's actions might contribute to the accident. Many states, including those that follow comparative negligence rules, may reduce the compensation based on the injured party’s degree of fault.

Amusement parks may also argue that the guest assumed the risk by participating in rides and attractions. This defense can impact liability, especially if safety warnings were clear and adequate.

Compliance with federal and state safety regulations can also affect liability. Parks that adhere to all regulatory requirements might have a stronger defense against claims of negligence.

While amusement parks are generally liable for injuries that occur due to their negligence, establishing this in court involves proving that the park breached its duty of care and that this breach directly caused the injury. If you or a loved one has been injured at an amusement park, it is advisable to consult with a lawyer experienced in premises liability. They can help assess the details of the case, gather necessary evidence, and represent you in seeking compensation for your injuries.

Steps to Take After an Injury at an Amusement Park

If you're injured at an amusement park, taking the right steps promptly can significantly impact the handling of your injury, both medically and legally. Here's a guide on what to do:

Seek Immediate Medical Attention

Even if the injury seems minor, it's crucial to get checked out by onsite medical personnel or go to a nearby emergency room. Injuries might be more severe than they initially appear. Medical records will be essential if you later need to file a premises liability claim or lawsuit.

Report the Incident

Inform park management or security about the incident as soon as possible. They should document the occurrence, and this report can be crucial for any claims you might file. Ask for a copy of the accident report for your records.

Document Everything

Take Photos: Use your phone to take pictures of the exact location where the injury occurred, any visible injuries, and what might have caused the accident (like a broken safety bar or wet floors). Gather contact information from witnesses. Their accounts could support your version of events if you pursue a legal claim.

Related Content: What is Premises Liability Insurance?

Keep All Documentation and Receipts

Keep all documentation related to medical treatment, including bills, prescriptions, and doctor’s notes. Save receipts for any other expenses incurred due to the injury, such as transportation costs or over-the-counter medication.

Do Not Accept Immediate Settlement Offers

Don’t accept any offers from the amusement park or their insurance company without consulting a lawyer. Initial offers may not fully compensate for your injury, especially if complications arise later.

Consult With a Personal Injury Lawyer

An injury attorney can provide advice based on the specifics of your case. A lawyer can help determine if you have a viable claim for compensation due to negligence on the part of the amusement park.

Follow Up on Medical Care

Follow your doctor's advice for follow-up care and any long-term treatment you may need. Keep a journal of your injury symptoms, any pain or discomfort, how the injury impacts your daily life and your recovery process.

Learn More: What Does Premises Liability Insurance Cover?

Being injured at an amusement park can be distressing and confusing. Taking these steps can help ensure that you are not only taking care of your health but also protecting your legal rights. Consulting with a personal injury lawyer can help clarify your options and ensure that any claim or lawsuit you decide to pursue is as strong as possible.

How Long Do You Have to File an Injury Claim in Illinois?

In Illinois, the time limit to file a personal injury claim, known as the statute of limitations, is generally two years from the date of the injury. This time frame applies to most personal injury cases, including those arising from premises liability.

an injury claim form on a clipboard next to a gavel

The statute of limitations can vary in certain circumstances. For example:

  • Minors: If the injured party is a minor, the two-year countdown typically does not start until they reach the age of 18, giving them until their 20th birthday to file a claim.
  • Wrongful Death: Claims for wrongful death must be filed within two years of the date of death, which may be different from the date the injury occurred.

Importance of Acting Promptly:

It's crucial to pay attention to these deadlines because failing to file a lawsuit within the statute of limitations typically results in losing your right to seek compensation for your injuries. To ensure that all procedural requirements are met and to maximize your chances of a favorable outcome, consider consulting with a personal injury attorney as soon as possible after an incident. An experienced lawyer can provide valuable guidance on the appropriate timelines and help protect your rights throughout the legal process.

If You Have Been Injured Due to Negligence at an Amusement Park Call Our Firm

If you or a loved one has been injured at an amusement park, it’s important to consult with a legal professional who can guide you through the complexities of personal injury law and help determine if you have a viable claim against the park. Our experienced Chicago personal injury attorneys are here to provide you with the support and experience needed to navigate these challenging situations.

We can help you understand your rights and work towards securing the compensation you deserve for your injuries and suffering. Contact us today to schedule a consultation and take the first step in protecting your rights and ensuring that justice is served.