Amusement Park Accident Attorneys Serving Tennessee
What should I do after an amusement park accident in Tennessee?
After an amusement park accident, your first priority should be getting appropriate medical care. Even injuries that seem minor at first can become more serious after the adrenaline wears off.
If you are able, take several steps before leaving the park, fair, or carnival:
- Report the accident to the ride operator and park management.
- Ask for a copy of the incident report.
- Take photos and video of the ride, attraction, dangerous condition, warning signs, and your injuries.
- Get the names and contact information of witnesses.
- Keep your ticket, wristband, receipt, or other proof that you were there.
In Tennessee, riders (or the guardians of minors) are required to provide a written report of the amusement-device injury before leaving the premises whenever possible. The report should include information about the accident, injuries, treatment, and witnesses.
If your injuries make an immediate report impossible, it should be filed as soon as reasonably possible. However, it’s important to note that failing to submit a report does not eliminate your right to bring an amusement park accident lawsuit in Tennessee.
Don’t sign additional documents or give detailed statements before you understand what happened. Talk to an experienced amusement park injury lawyer first. Having a lawyer on your side helps to ensure you don’t miss deadlines or sign away your right to seek compensation.
At The Haynes Firm, our Tennessee amusement park accident lawyers can take the steps necessary to protect your claim. The sooner you come to talk with us, the sooner we can get to work on protecting your rights and building a claim for full compensation.
Can I sue an amusement park if I signed a waiver or release?
Possibly. Signing a waiver doesn’t automatically mean you’ve given up every right to compensation after an amusement park accident in Tennessee.
Liability waivers and releases are enforceable in Tennessee. However, whether a particular waiver actually prevents a claim depends on its wording, the circumstances under which it was signed, what risks it covered, and the conduct that caused the injury. The Tennessee Supreme Court has ruled that broad and ambiguous language may not properly establish what rights are being surrendered and has ruled in favor of injury victims even after a waiver was signed.
A waiver may also raise different questions when an injury involves defective equipment, inadequate maintenance, negligent operation, or conduct beyond the risks normally associated with an attraction.
If you signed a waiver, keep a copy if possible. Don’t assume the amusement park’s interpretation of that document is the final word. The attorneys at The Haynes Firm can review the language and determine how Tennessee law may apply to your specific situation.
Can I file an amusement park injury claim if my child was injured?
Yes. When a child is injured due to negligence at an amusement park, carnival, fair, trampoline park, or other attraction, the child’s parents or a legal guardian have the right to pursue a claim on the child’s behalf.
Children can suffer serious injuries when rides are improperly operated, restraints fail, employees ignore height or size restrictions, attractions are poorly maintained, or dangerous conditions exist elsewhere on the property.
A child’s injury case can include compensation for:
- Emergency and hospital treatment
- Rehabilitation and therapy
- Future medical needs
- Pain and suffering
- Permanent impairment or disability
- Other losses caused by the injury
Tennessee law also gives parents certain rights concerning expenses resulting from an injury to their minor child.
Special legal rules can apply to claims involving minors, including rules affecting filing deadlines. Parents shouldn’t assume they can safely wait until a child turns 18 before speaking with an amusement park injury attorney. Prompt investigation remains important because surveillance footage, ride records, witness statements, and other evidence can become harder to obtain over time.
At The Haynes Firm, our Tennessee amusement park accident attorneys have decades of experience helping injured children and their families pursue full and fair compensation. During your free case review, we can help you understand your options and guide you toward the best course of action.
What if the amusement park says I ignored the rules or assumed the risk?
An amusement park might argue that an injured guest failed to follow instructions, ignored a warning, or contributed to the accident. That doesn’t necessarily mean you can’t pursue a case.
In Tennessee, riders generally have to obey reasonable posted safety rules and instructions, properly use safety devices, comply with height and medical restrictions, and avoid conduct that could interfere with safe operation of a ride.
But amusement park owners and operators have responsibilities, too. They can’t shift responsibility for negligent maintenance, defective restraints, improper operation, inadequate inspections, or other dangerous conditions simply by blaming an injured guest.
Tennessee also requires safety rules to be prominently displayed near the entrance or loading area of covered amusement devices to make sure everyone can see them.
What’s more, even if you did play a role, Tennessee follows a modified comparative fault system under which you are still entitled to seek damages as long as you were less than 50% responsible for your injury. If you’re found more than 50% responsible, however, you may be barred from any recovery.
The truth is, fault is not always straightforward. Without an investigation, it can be impossible to truly know who’s to blame. At The Haynes Firm, our amusement park injury lawyers can work with both internal legal professionals and external specialists in fields like accident reconstruction to determine how an accident happened and who is actually at fault for your injuries.
Can I file a claim if I was hurt at a traveling amusement ride at a carnival or county fair?
Yes. Amusement park injury claims aren’t limited to large, permanent theme parks.
Tennessee’s amusement park device laws apply to all fixed and portable amusement devices, including roller coasters, Ferris wheels, carousels, inflatables, bumper cars, trampoline parks, ziplines, obstacle courses, mechanical carnival rides, and other attractions that meet the state’s definition.
Traveling companies also have to provide the state with an itinerary listing where and when their covered amusement devices will operate as part of the permitting process.
Depending on what caused the accident, responsibility might extend beyond the ride operator. Potentially responsible parties can include the ride owner, carnival company, property owner, event organizer, maintenance contractor, manufacturer, or another business involved in the attraction.
The amusement park accident attorneys at The Haynes Firm can investigate accidents at permanent parks, traveling carnivals, fairs, and similar attractions throughout Tennessee. We are ready to get to work quickly so traveling attractions can be investigated before too much time has passed to successfully review the circumstances surrounding your accident.
Can I still have a claim if the attraction is not legally considered an amusement device in Tennessee?
Yes. An attraction doesn’t have to fall within Tennessee’s legal definition of an amusement device for an injured person to potentially have a valid personal injury claim. But that claim may involve premises liability in general rather than amusement park liability specifically.
A number of potentially dangerous devices and attractions don’t fall under Tennessee’s amusement device definition. These include:
- Wave pools
- Roller and ice-skating rinks
- Skateboard ramps or courses
- Hayrides
- Mechanical bulls
- Go-karts
- Bungee-cord devices
- Certain attractions operated on natural bodies of water
The distinction primarily determines whether an attraction falls within this particular state amusement-device regulatory program. It doesn’t automatically determine whether someone was negligent or legally responsible for an injury.
An accident involving a go-kart, hayride, skate rink, wave pool, or another non-amusement-device could involve:
- Unsafe property conditions
- Negligent supervision
- Inadequate maintenance
- Defective equipment
- Any other form of negligence
Every case is different. If you or someone you love was seriously hurt at a Tennessee amusement park, carnival, fair, or recreational attraction, The Haynes Firm can examine what happened, determine which laws apply, and help you pursue the compensation you are entitled to.
According to the International Association of Amusement Parks and Attractions (IAAPA), thrill rides are remarkably safe. Noting an average of only one serious injury for every 15.5 million rides, the IAAPA suggests that a vast majority of amusement park guests only experience excitement. However, every summer, more than 385 million guests take roughly 1.7 billion rides at fixed-site amusement parks across the country. Even with the industry’s safety record, that’s a lot of opportunity for serious harm to guests.
Want to learn more about what The Haynes Firm can do to best prepare and argue your amusement park accident claim? Call our Johnson City attorneys at
or contact us online today to Schedule your free consultation today.
What Qualifies as an Amusement Park in Tennessee?
The term amusement park almost always refers to a permanently situated facility, but in Tennessee, when regulators talk about an “amusement park,” they really mean any venue that operates an “amusement device.” This is defined as “any mechanical or structural device that carries or conveys a person…for the purpose of giving persons amusement, pleasure, thrills or excitement.” All the same, there are some exceptions, such as wave pools, ice-skating rinks, skateboard parks, hayrides, mechanical bulls, and go-karts, which do not qualify as amusement devices.
Amusement park liability may apply to:
- Theme parks
- Water parks
- Adventure parks (trampoline parks, mountain coasters, etc.)
- Portable midways
- Traveling carnivals
- Fairground rides
In Tennessee, the Amusement Device Unit requires annual third-party inspections and ASTM-compliant reports before a ride can be operated or ridden. Failures can still slip through the cracks. So too can human error, oversight, and general negligence. Tragically, when negligence overrides safety, a fun family day trip to Anakeesta, Nashville Shores, Ober Mountain, or even the county fair can end in catastrophic injury.
When this happens to you or someone you love, talking to an experienced Tennessee amusement park injury lawyer can help you understand your rights and options.
Contact a Johnson City Amusement Park Injury Lawyer for FREE
To schedule a FREE and confidential case review with one of the experienced amusement park accident attorneys at The Haynes Firm, call our Johnson City office at 423-928-0165 today. We serve individuals and families impacted by amusement park negligence throughout Tennessee.
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Forms of Amusement Park Negligence
Amusement park negligence can take several forms, all of which place park visitors at heightened risk for serious or fatal injury. Our amusement park injury lawyers can assist with accidents caused by all forms of negligence, including:
- Mechanical Failures: Such as broken lap bars, failed hydraulic cylinders, or worn cables that might snap mid-ride.
- Operator Negligence: Including starting or stopping a ride abruptly, ignoring height restrictions, or operating while distracted or impaired.
- Inadequate Operator Training: Ride attendants who never learned emergency braking protocols or evacuation procedures.
- Failure to Inspect: This can include skipping daily test runs, neglecting sensor calibration, or forging inspection logs.
- Design or Manufacturing Defects: Such as inherently unsafe restraints, software glitches, or structural design flaws.
- Crowd-Management Lapses: Including poorly marked queue lines, inadequate railing, or insufficient staff or supervision.
When an amusement park employee or owner’s actions or inaction result in harm, victims are entitled to hold them accountable and seek compensation, but swift action is incredibly important. The statute of limitations for amusement park injuries in Tennessee is just one year under most circumstances.
Our Johnson City amusement park accident lawyers are here to meet with you free of both obligation and costs to listen to your story, assess your case, and help you determine how to move forward.
Common Amusement Park Injuries
Thrill rides are designed to excite. While often producing the illusion of danger, amusement park attractions are intended to be safe. The way these rides elicit thrill responses, however, can easily cause real, sometimes permanent damage.
Common amusement park injuries include:
- Spinal cord trauma and paralysis
- Head and brain injury
- Severe lacerations and burns
- Amputations
- Internal organ damage
- Crush injuries
- Drownings
These injuries can occur on a poorly maintained rollercoaster, an improperly controlled Tilt-A-Whirl, or a negligently monitored water slide. They can also occur due to slip and fall accidents when simply walking around a park.
No matter where in a park an injury occurs, victims should not have to face the financial consequences alone. At The Haynes Firm, our Johnson City amusement park injury lawyers know the long-term consequences of serious injury. Applying our more than 70 years of combined legal experience, we also know how to help victims of injury get the fair and full compensation they deserve.
Who Can Be Held Liable for Amusement Park Injuries?
Liability is the cornerstone of any personal injury claim, but when it comes to amusement parks, determining who is to blame can be complicated. Depending on the circumstances, liability might even be shared among multiple people and entities, including:
- Park Owners and Operators. The owners and operators of amusement parks might be liable for injuries that occur due to things like negligent maintenance protocols, inadequate staffing, or unsafe premises.
- Property Management and Security Companies. The companies responsible for general safety at parks can be held liable for injuries resulting from lighting failures, trip hazards, and negligent crowd control.
- Ride Manufacturers and Designers. The designers and crafters of rides can be held liable for injuries resulting from manufacturing defects or faulty design.
- Component Suppliers. Companies that manufacture parts for rides, such as seat belts, lap bars, and control systems, can be held liable for injuries when their parts fail.
- Maintenance Contractors. Those responsible for maintaining rides can be held liable for injuries related to botched repairs, negligent maintenance, or substandard inspections.
- Concessionaires and Vendors. From foodborne illnesses to slip and fall hazards, concession operators and third-party vendors can be held liable for injuries caused by their negligence.
To determine liability, your amusement park injury lawyer will need to investigate its cause. This may involve interviewing witnesses, reviewing security footage, and working with accident reconstruction experts to identify all liable parties. It is important to remember, however, that insurance adjustors and attorneys for the amusement park will be doing the same thing, only with the intent of reducing or denying you compensation.
Tennessee’s modified comparative fault rule allows victims of injury to seek compensation even if they are partially liable for an accident. Under these circumstances, the settlement or verdict is reduced by the percentage of fault assigned. For example, if you are awarded a $100,000 settlement but found to be 10% liable, your actual settlement would be $90,000. In Tennessee, if you are found more than 50% liable for an accident, you are barred from seeking damages through legal action.
At The Haynes Firm, our lawyers protect clients against the tactics used to coerce them into taking unfair blame or accepting inadequate settlements. We are prepared to get to work investigating your accident right away to identify all liable parties, and to hold each to account as we seek the total compensation you deserve.
What Types of Damages Can I Seek for an Amusement Park Injury in Tennessee?
Damages you can seek following a serious injury at one of Tennessee’s amusement or theme parks include:
Economic
- Past and future medical bills
- Rehabilitation and assistive devices
- Lost wages and future earning capacity
- All other out-of-pocket expenses related to your injury
Non-Economic
- Pain and suffering
- Emotional distress
- Loss of enjoyment in life
- Disfigurement
Economic damages are not capped in Tennessee. You can seek dollar-for-dollar compensation for all of your tangible costs and financial losses. Non-economic damages are capped in Tennessee at $750,000. If the injury is catastrophic, this cap can be increased to $1 million.
Every amusement park accident is different. How your accident and subsequent injuries have and will continue to impact your life is entirely unique. Our lawyers will take time to understand the true cost of your injury, economically, emotionally, and physically, and seek compensation representative of your experiences.
Why Choose Our Amusement Park Injury Lawyers?
If you have been injured in an amusement park accident, The Haynes Firm is here to help. We offer:
- Decades of trial-tested experience. Our amusement park injury lawyers bring more than seven decades of combined legal experience to every case. We build each case for the possibility of a trial, even if a settlement is likely.
- A thorough investigative process. With in-house experience and external specialists, we investigate thoroughly to find out exactly how an accident occurred and who can be held accountable.
- Local insight. Based in Johnson City, we know Tennessee amusement park regulations and what it looks like when those regulations are violated. We also know what it takes to live comfortably in our state and fight to ensure our clients receive every penny they are due.
- Personal attention. Our lawyers are directly involved in each case we take. We know how confusing and frightening it can be to deal with an amusement park injury. We will stand by your side, protect your interests, and fight for the justice your injury demands.
- No Win, No Fee. We work on a contingency basis. We only get paid after we have secured a settlement or verdict on your behalf. If we don’t win, you don’t pay for our services.
When a fun day at the park turns into a life-altering disaster, you need a law firm that doesn’t flinch at complex engineering evidence or Tennessee’s tight statute of limitations. We work swiftly and fight tirelessly to help you rebuild your life, so you can focus on recovering.
Contact Our Tennessee Amusement Park Accident Lawyers for FREE
If you’ve been hurt at an amusement park, fair, or carnival in Tennessee, you may be entitled to compensation. Contact The Haynes Firm online or call our Johnson City office today to schedule a FREE case review and learn how we can help.
