The Fireball was a favorite ride of carnival and state fair patrons. The ride held 24 people and spun them a thrilling 360 degrees. At the same time, the gondola swings 180 degrees. In 2017, hundreds watched as the Fireball broke apart at the Ohio State Fair. One person died and seven were injured. Do you know what to do if you’re injured on a ride?
Get Help
Getting medical attention is a top priority. Have a friend or family member get the names and addresses of any witnesses. Next, the victim needs to get help from AtlantaAdvocate.com. Injury attorneys make sure the victim’s rights are protected by going after the responsible parties.
Carnival rides, state fairs, and amusement parks are governed basically by the same laws. Carnival rides can be more dangerous because the rides are not stationary. They are disassembled and moved from place to place. Often, unskilled workers do the job. Whereas, they really should be trained by the ride’s manufacturer.
What the Law says
The laws governing carnivals are similar in most states. For instance, the Office of Insurance and State Fire Marshall oversees carnivals in Georgia. Carnivals are required to carry a million-dollar liability policy. Further, rides must be inspected before they are used. Georgia law makes the state responsible for carnival inspections.
Carnival Hazards
The attorney reviews the carnival’s background. It’s not unusual for a carnival to have a history of safety problems. Common incidents include faulty safety restraints, improper ride assembly and falling in unsafe areas. There are reports of deaths due to falling out of rides. Additionally, head and neck injuries occur from people being whipped around.
Filing a Claim
If an injury is due to employee error, the lawyer may file a negligence claim. The attorney must show employees are required to be careful. In addition, the attorney proves the employee made an error which caused an accident. If an employee is negligent, the victim may have a claim against the carnival owner. The owner is responsible for properly training all employees.
Negligent acts include forgetting to post warning signs. Likewise, warning signs should inform patrons of all the risks involved with a ride. Workers must be trained to operate rides safely and the rides must be inspected. Separate actions can be filed against the worker and the carnival owners. The state may also be negligent for failing to inspect the ride properly.
Defective Equipment
Multiple parties may be at fault in defective equipment cases. The carnival owner could be liable for failing to maintain the ride. The manufacturer can be sued if the ride’s design was faulty. Likewise, the company that sold the ride will likely be a party to a claim. The attorney must prove the ride was defective and the defect caused the victim’s injury. Further, there must be a showing that the victim suffered damages to the injury.
Don’t try to handle an injury case without an attorney. As it turns out, several parties were liable in the Fireball case. The state was liable for hiring negligent inspectors. Likewise, the carnival owner was liable for failing to maintain the ride. According to the manufacturer, the 18-year-old ride fell apart due to massive corrosion on the interior of the gondola support beam. The victims were awarded millions.
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