Families go to carnivals and fairs to have a good time, and the grounds, including rides, should be safe. Unfortunately, accidents on rides sometimes happen, and people get seriously hurt. In such a case, you should contact a lawyer right away to discuss how you can get fair compensation for your injuries.
Your first question is likely about who you may hold responsible for your injuries. Although we do not often think of fairs and carnivals as businesses, they are exactly that, and business owners may be held responsible. It is also possible that the manufacturers of these rides can be held accountable for producing unsafe or defective rides. Whatever the case may be, your attorney can help you gather evidence and begin preparing your lawsuit.
Receive a private, free legal review from our Arkansas personal injury attorneys when you call us at (479) 316-0438.
Determine How the Carnival or Fair Ride Accident Occurred
One of the first things our Arkansas personal injury attorneys need to do is determine how your accident occurred. This may shed light on who is to blame and whether we can sue them in court for damages.
Employee Negligence
Carnival and fair rides do not operate of their own accord. They require ride operators to activate the ride and ensure it operates safely. Different rides may have different mechanical functions and mechanisms, and ride operators should be trained on how to safely operate them.
If the ride operator was somehow negligent, we may be able to sue them for the accident. For example, the operator might have failed to notice a malfunction on the ride. They might have adjusted the ride’s speed in an unsafe way or turned it on before all riders were safely prepared.
Mechanical Failure
Another possibility is that a mechanical failure in the ride caused it to malfunction and become dangerous. Rides must move at safe speeds and be able to come to a safe stop. If there is a mechanical failure or malfunction, the ride might become dangerously fast or stop so suddenly that riders get hurt.
Mechanical failures are often the result of poor maintenance by the ride’s owners, usually the business operating the carnival or fair. We may need to wait for the ride to be properly inspected before we know for sure.
Poor Ride Maintenance
Rides are complex pieces of machinery that require regular maintenance. If a ride is not properly maintained, it can quickly fall into disrepair. This means rides should be regularly inspected, tuned up, cleaned, and tested for safety.
If the ride in your case was not maintained, that might be the reason for your injuries. We should demand to see copies of inspection and maintenance records from the ride’s owners as soon as possible.
Who Can I Sue for Injuries from Fair or Carnival Rides?
Carnival rides are often owned and operated by businesses that run fairgrounds. If you are unsure who is in charge of the fair or carnival you attended, your attorney can help you figure it out.
The Business Running the Fair or Carnival
Although carnivals and fairs are meant to be fun, they are still businesses at the end of the day. Some are operated by businesses that also operate many other fairs and carnivals across the state or even the country. Some businesses travel, moving their fairgrounds from place to place. The business that operates the fair or carnival where you were hurt should be held accountable.
If the fair was more like a community or charity event, it is more likely that the rides were rented from a company that provides rides and attractions. In that case, we can identify the ride’s owner and hold them accountable.
The Ride Manufacturer
Sometimes, rides arrive at fairs or carnivals already broken. They may be manufactured with defective parts, making them dangerous to use. Alternatively, they might be designed in such a way that injuries or accidents are highly likely even if all necessary safety procedures are followed.
In such cases, we can sue the company that manufactured the ride for damages.
Other Third Parties
It is possible that someone other than the ride’s owner, operator, or manufacturer is to blame. In some cases, other people attending the fair or carnival tamper with the ride. They might do this as a prank or because they want to steal valuable parts and materials from the ride’s machinery.
In this situation, we may need to work with the police to identify the people responsible for the accident.
FAQs About Suing for Injuries Caused by Carnival and Fair Rides in Arkansas
How Do Carnival or Fair Rides Cause Injuries in Arkansas?
A carnival or fair ride may cause injuries if it malfunctions while in operation. Unsafe speeds, braking failures, and other mechanical malfunctions may cause serious accidents and injuries. Many such accidents are related to employee negligence, manufacturing mistakes, or poor maintenance.
What Should I Do Following a Carnival Ride Accident?
After an accident on a carnival or fair ride, you should get immediate medical attention. Your injuries may be severe, and you need to see a doctor right away. Once you have received treatment, you or a family member should contact a lawyer to discuss taking legal action.
Who Can I Sue for Damages from a Carnival or Fair Ride Accident?
You may sue the business that owns and operates the fairgrounds and the ride that caused the accident. If the ride was rented, which is common when a carnival or fair is a community or charity event, you may sue the rental company that owns the ride. If the ride was defective or poorly designed, the manufacturer may be held responsible.
What Evidence is Necessary in a Lawsuit for Carnival Ride Accidents?
We need evidence that the ride was unsafe or operated in an unsafe way. Records related to the ride’s manufacture, maintenance, and daily operations may be crucial. We should also demand to see records about the employees charged with operating the ride.
When Should I Contact a Lawyer About My Carnival or Fair Ride Accident in Arkansas?
Contact a lawyer as soon as possible. In Arkansas, personal injury plaintiffs have only 3 years from the date of their accident to file a lawsuit.
Seek Legal Help from Our Arkansas Personal Injury Lawyers Today
Receive a private, free legal review from our Bentonville, AR personal injury attorneys when you call us at (479) 316-0438.