Millions of individuals visit Disneyland theme parks every year to experience their world-famous rides, attractions, and characters in costume. Unfortunately, accidents at Disneyland do happen, and many result in costly injuries.
In cases of severe injuries caused by Disneyland's negligence, victims may need to take legal action. Proving negligence is crucial in personal injury lawsuits, emphasizing the need for a skilled personal injury attorney to establish Disneyland's liability for the injury.
Barrios & Machado offers legal advice and representation for those physically, personally, or financially affected by injuries at Disneyland. Your consultation is free and confidential. Contact us at (714) 515-9696 for assistance.
Not-So-Magical Mishaps: Potential Accidents at Disneyland
Disneyland, like any amusement park, prioritizes fun and excitement. But even in the happiest place on earth, accidents can happen. Here's a look at some common accidents visitors might experience:
- Slips and falls: These are the most frequent mishaps at Disneyland. Park surfaces can be crowded and uneven, and spills aren't uncommon. Disney has a responsibility to maintain a safe environment and prevent these accidents.
- Foodborne illness: Contaminated food or drinks can lead to nausea, vomiting, and other unpleasant experiences. Disneyland must ensure the food they sell is safe for consumption.
- Minor ride injuries: Bumps, scrapes, and even broken bones can occur on rides due to unexpected jolts or malfunctions.
- Ride malfunctions: In worst-case scenarios, a ride malfunction can cause severe injuries or even death. If this happens, seeking legal help from an amusement park injury specialist is crucial.
Various other types of accidents can occur at a bustling theme park like Disneyland. Whether you’re an adult who got injured or a parent or family member of an injured child, it’s best to explore your potential case with a Disneyland injury lawyer. Not all mishaps may be legally actionable, but numerous cases can have legal pathways to compensation.
Disneyland Injuries on Rides and Attractions
Some of the most severe and fatal injuries at theme parks have occurred on roller-coasters, spinning rides, waterslides, walkways and driveways, and other attractions within the park. These injuries include:
- Stroke from trauma to neck ligaments
- Traumatic brain injuries
- Broken bones, lacerations, and torn ligaments
- Head, neck, and back injuries
- Permanent disability
- Death as a result of falling or being thrown from a ride or drowning on a water ride.
What the Law Says About Theme Park Negligence
In accordance with California's premises liability laws, amusement parks are required to uphold a "duty of care" towards their guests. This obligation entails the continuous monitoring of potential hazards within their premises, including rides, parking lots, bathrooms, restaurants, shops, and resorts, and promptly addressing any risks to prevent accidents or injuries.
If a theme park fails this duty of reasonable safety, it may be held accountable for negligence. Examples of negligence within a theme park include:
- An employee failing to adequately secure a guest on a roller-coaster, resulting in the guest’s whiplash and injuries to the back
- Failure to properly maintain or inspect a ride or roller-coaster, causing a breakdown that results in injuries
- Driver of a tram, bus, or other moving vehicle not paying attention and then hitting a pedestrian
- Lack of proper training to a Disneyland worker, resulting in injury to themselves or another park visitor.
In the event of harm or loss, individuals or their loved ones have the right to pursue injury or wrongful death claims for necessary support. Should Disney fail to acknowledge responsibility and offer assistance to those affected, a viable legal recourse for victims is filing a lawsuit.
If you've been injured at a theme park or amusement park, you may be able to bring a legal claim for negligence against the park, its employees, or both. If the accident was caused by a defective ride or attraction, you may also file a product liability claim against its manufacturer.
Proving negligence generally requires that you, the plaintiff, be able to prove the following four elements:
- The defendant had a duty of care to keep their premises safe for all who enter.
- The defendant breached that duty of care.
- That breach of duty resulted in injury or harm.
- The victim sustained harm or damages that may be eligible for financial compensation.
Proving these elements of negligence can be difficult, especially when you’re facing a well-resourced company and their seasoned insurer. It’s wise to enlist a Disneyland personal injury attorney to protect your rights, establish negligence, and assert what you’re entitled to.
Compensation for Victims of Personal Injuries at Disneyland
Individuals who have sustained injuries while visiting Disneyland may receive compensation for losses such as:
- Hospital care and physical therapy expenses
- Projected expenses for medical treatment in the future in case of a prolonged injury or permanent physical handicap
- Travel expenses while seeing specialists or making doctor's appointments
- Non-economic damages such as physical pain and emotional distress
- Past and future lost income while missing work
- Damage or destruction of property
- Wrongful death benefits for the families of deceased victims.
Victims may also receive punitive damages in cases involving gross negligence that led to the amusement park accident. These damages are intended to provide additional compensation beyond what is available for actual losses. They serve the dual purpose of offering extra financial support to the injured party and punishing a defendant who has exhibited particularly reckless or egregious behavior.
If you've been injured at Disneyland, contact Barrios & Machado for legal assistance. Call (714) 515-9696 to schedule a free case evaluation.
What to Do If You Get Hurt at Disneyland
- Immediate action: If injured at Disneyland, seek medical attention promptly and report the incident to park authorities.
- Preserving evidence: Document the scene of the accident, gather witness information, and keep all medical records and receipts.
- Legal consultation: Contact Barrios & Machado for a thorough evaluation of your case and experienced legal guidance.
- Insurance interactions: Be cautious when dealing with insurance companies and avoid settling for less than you deserve.
Why Choose Barrios & Machado as Your Disneyland Injury Lawyer?
Barrios & Machado is a personal injury law firm that stands out as a sharp legal ally in California. Our team has over 25 years of collective experience, allowing us to win millions of dollars on behalf of our injured clients. Even in complex cases with difficult opponents, we have successfully obtained favorable verdicts and settlements for Californians we’ve worked with.
The Barrios & Machado firm specializes in cases where theme parks are at fault for injuries, ensuring that victims receive the compensation they deserve. We can help you if you or your child got hurt in any Disneyland location, including:
- Disneyland Park in Anaheim California
- Disney California Adventure Park in Anaheim, California
- Disneyland Resort in Anaheim, California
- Any Disneyland Hotel in California
- Any Disneyland parking lot in California.
Consult for free with Barrios & Machado. We’re ready to assess your situation, guide you on your legal options, and competently represent you in your Disneyland injury claim.
Frequently Asked Questions
Can you sue Disneyland for injury?
If you've been injured at a theme park such Disneyland due to their negligence, you may have grounds to file a lawsuit against the park or its employees. Please don’t hesitate to consult with us at Barrios & Machado to understand your best legal avenues.
Do I need a lawyer after an injury at Disneyland?
Having a lawyer is not a legal requirement for California personal injury claims, but it is an important factor in most cases. An attorney on your side is crucial in protecting your rights and in navigating the legal complexities of a Disneyland injury claim. In addition, having an attorney can give you strong negotiating power when you are faced with Disneyland’s insurance company or defense lawyers.
Who is responsible if I get hurt on Disney property?
Under California's premises liability laws, Disney is responsible for maintaining a safe environment for guests. If negligence leads to a serious injury, victims have the right to seek compensation.
How do people get hurt at Disneyland?
Injuries at Disneyland can occur due to various factors, including slip-and-fall hazards, ride malfunctions, and negligence on the part of park operators.
Contact Barrios & Machado Personal Injury & Accident Lawyers
With decades of combined experience, Barrios & Machado is here to protect your rights and help you receive the compensation you deserve in the event of a Disneyland injury. For competent legal assistance in Disneyland injury cases, contact Barrios & Machado at (714) 515-9696.
