In a blog post earlier last month, we addressed a speedway crash that occurred at a prominent Kentucky speedway. As a local news report reiterated, the young man was celebrating his birthday at the speedway when something went awry and an accident occurred. He was lift flighted to a medical center, where he eventually passed away.
Even after all this time has passed, the raceway has been unable to provide any insight as to how or why the crash occurred. The family has been attempting to garner the assistance of witnesses who may be able to provide support in the investigation. To further complicate the investigation, no law enforcement agency was called to the scene of the accident following the crash.
Establishing Premises Liability against Speedways and Amusement Parks
In Kentucky, owners of a public property, high-thrill activiy, or amusement park may be held liable for accidents and injuries that occur on their property. It is the duty of the amusement park to maintain its property and ensure that it is safe for those who are utilizing its property or services. The property owner does not only need to correct any safety dangers that it knew about but is also liable for dangers that it should have known about.
Establishing Premises Liability and Negligence in Kentucky
To establish negligence, the plaintiff must be able to meet certain elements before the case will even be heard by a judge or jury. First, the individual must be able to prove that the property owner owed the patron a certain duty of care. Amusement parks and providers of high-thrill experiences, such as the one above, must ensure that their property is safe for patrons and that it is not unreasonably dangerous. The plaintiff then must show that the defendant breached that duty. This often takes a significant amount of investigation into the policies and procedures of the establishment. The plaintiff then must demonstrate that the breach was the actual or proximate cause of the actual injuries that have resulted.
Importance of Proper Investigation
As the above case illustrates, it is very important to be able to establish the second prong of a negligence analysis, which is that the amusement park actually breached a duty of care. This can involve a significant amount of investigation and analysis into the policies and procedures of the establishment. This task can be time-consuming and costly, and it is greatly beneficial to have an attorney assist you. Without proof that the amusement park actually breached its duty, the case will likely not be successful.
Have You Been Involved in an Accident at an Amusement Park?
If you have been involved in an accident at an amusement park or while engaging in some other kind of pay-to-play activity, you should contact one of our dedicated attorneys. At Miller and Falkner, our attorneys have several years of experience in litigating against defendants in personal injury cases. Although there are four main steps in a negligence case, each one can be complicated, and a proper investigation is crucial. Our attorneys will be able to evaluate your case and provide you with a free initial consultation. Contact our office today at 877-279-0003 to set up a meeting.