According to reporting from KTICRadio.com, a Texas father was forced to hold his son in place after a seat belt broke on a roller coaster. The incident, which occurred at the Wonderland Amusement Park in Amarillo, was caught on video and quickly went viral. The father, Delbert Latham, reported that he heard the belt release when the roller coaster made its first drop. He saw that his son was jolted forward to the front of the car. Mr. Latham then held his son in place for the remainder of the ride. Thankfully, no injuries occurred. However, Mr. Latham reported that the park operators were worryingly cavalier about the issue. The operators merely shut off access to the one seat, but continued operating the ride after the incident. KTIC Radio found that four people were injured on that same ride in the last two years.
Holding Businesses Liable for Injuries
As we head into the summer, more and more Texas families will be engaging in recreational activities. Amusement parks, swimming pools, arcades, go-cart tracks and all other businesses offering recreational activities to children have a legal obligation to keep them safe. At many of this business, such as amusement parks, things can become incredibly dangerous when the operators fail to take proper precautions. In the unfortunate event that an injury occurs, Texas parents need to know how to move forward with their claim. Recovering full and fair compensation from a business requires proving the four elements of negligence.
- Duty: First, it must be established that the other party has a duty of care. The duty of care establishes exactly what standards of care are owed to other parties. In Texas, under a concept of premises liability, it is well established that business must protect their customers from unreasonable safety risks.
- Breach: After a duty of care is established, you must prove that the business breached that duty. This is the most contentious issue in most premises liability injury cases. Proving a breach requires showing exactly how the business deviated from the proper standards of care. Each case is highly individualized, and the assistance of experienced personal injury lawyer is critical.
- Causation: You can only recover if the breach of the duty of care is connected to your injury. If the business breached their duty of care, but you were actually injured by some other factor, you may not be able to recover from the business.
- Damages: Finally, you can only recover to the extent that you can prove your damages. Your compensation will generally be directly proportional to the damage that you sustained. You must prove that a real injury occurred, and you must prove the full extent of that injury.
Need Legal Advice?
You and your family deserve safe conditions. If an injury occurs due to the careless negligence of a Texas business, they must be held accountable. Our firm provides compassionate and aggressive assistance to injury victims. Please do not hesitate to contact our San Antonio office today at (210) 308-8811 to schedule a free case evaluation.