Public attractions such as aquariums, zoos, museums, and theme parks provide memorable experiences for millions of visitors every single year. These venues are designed to entertain and educate people of all ages, but they also come with a number of potential risks. Crowded environments, interactive exhibits, and complex layouts can create situations where accidents can easily occur. Premises liability law exists in order to ensure that property owners and operators are held accountable for maintaining safe conditions at their venues. Learn the ins and outs of premises liability including the common causes of injuries at attractions so that you can better protect yourself.
What is Premises Liability?
For those unfamiliar, premises liability is a legal principle that holds property owners and operators responsible for injuries sustained on their property due to unsafe conditions under the concept of negligence. There are a couple of factors that go into this concept, the first of which is that the property owners have a duty of care to their visitors. A duty of care simply means that a property owner must conduct routine maintenance, have clear communication about potential hazards, and address dangerous conditions in a timely fashion.
For instance, if an aquarium floor becomes wet due to spilled water, a staff member must place warning signs and clean it promptly. This is important because in some states you are barred from receiving damages at more than 50% fault, but if a company fails to follow their duty of care you will likely be found to be at lower fault. The level of duty that’s owed by a property owner depends on the types of visitor, with the common people being:
- Invitees: People who are on the property for business purposes, such as paying customers at an aquarium or theme park, who are owed the highest level of care.
- Licensees: Guests who are on the property for non-commercial reasons, like a friend visiting someone’s home, who are owed a reasonable level of care.
- Trespassers: Individuals who enter the property without permission, and whom property owners generally owe minimal care, except in cases involving children or intentional harm.
Common Causes of Injuries at Attractions
As you have likely guessed, there are some causes of injuries at attractions that are more common than others. In particular, three causes stand out as the most prominent and injury-inducing:
Slip and Fall Accidents
First and foremost, slip and fall accidents are among the most commonly seen injuries at public attractions. Wet floors, uneven surfaces, and cluttered pathways are all often to blame due to how easily they can lead to accidents. At an aquarium, for instance, spilled drinks or water from an exhibit can create slippery accidents that pose a hazard to visitors.
Equipment Malfunctions
Secondly, attractions that have interactive exhibits or rides can sometimes experience equipment failure due to poor maintenance. Malfunctioning rides at theme parks are also another example of preventable equipment malfunctions. These can lead to serious injuries ranging from minor cuts to broken bones or worse.
Finally, many venues feature live animals, such as aquariums or zoos, which introduces unique risks. Visitors may find themselves suffering from bites, scratches, or other injuries if safety barriers happen to fail or if posted rules are disregarded. Leaning too close to an open tank or ignoring a ‘Do Not Touch’ sign can also lead to unintended encounters with wildlife, a cause that is not the fault of property owners but rather the visitor.
When is an Attraction Liable for Injuries?
There is a fine line when it comes to injuries at public attractions between who is liable and who isn’t. Many attractions have measures in place to protect themselves, which means most personal injury cases fall into a grey area. With that said, below are three conditions to hold an attraction liable for an injury:
- Negligence: Premises liability hinges on the concept of negligence. For an attraction to be held liable, the injured party must prove that the property owner failed to act reasonably to prevent harm, with negligence taking many forms, such as:
- Failing to repair broken handrails.
- Neglecting to address known hazards like wet floors or exposed electrical wires.
- Providing inadequate staff supervision for interactive exhibits.
- Dangerous Conditions: Attractions must actively monitor their facilities for dangerous conditions and take steps to address them with, for example, a cracked aquarium window or a malfunctioning escalator representing foreseeable dangers that must be repaired or closed off immediately.
- Waivers and Assumption of Risk: Many attractions require visitors to sign waivers or disclaimers acknowledging potential risks. While these documents can limit liability, they do not absolve property owners of responsibility in cases of gross negligence.
Key Steps to Take if You Are Injured at an Attraction
Despite your best efforts to avoid getting injured, it’s entirely possible that you find yourself with an injury when you are just trying to have a nice day. To ensure that you handle the situation appropriately and can recover compensation, follow the below steps:
- Seek Medical Attention: Prioritize your health by seeking medical care, even if the injury seems minor at first, as prompt medical documentation also serves as critical evidence in any legal claim.
- Report the Incident: Notify attraction staff or management about the incident and request an official report to ensure you get a copy for your records.
- Gather Evidence: Document the scene by taking photos or videos of the hazard that caused your injury and collect contact information from witnesses who can verify your account.
- Consult a Lawyer: Premises liability cases can be complex, especially when navigating the laws specific to your state, but a personal injury lawyer can help determine whether negligence occurred and guide you through the claims process.
You never want to be injured, so when attending an attraction stay aware of your surroundings, wear appropriate clothing or footwear, and supervise any young children as closely as possible to mitigate risks.
Premises liability laws are important and serve to protect visitors from preventable injuries while also ensuring property owners maintain safe conditions at their venues. Aquariums, zoos, theme parks, and other attractions must balance entertainment with safety in order to provide an enjoyable experience for their guests. Understanding your rights and the common causes of injuries in order to reduce your risk of injury and to know when to contact a personal injury lawyer is necessary.
