Cape May County Premises Liability and Amusement Pier Lawyer
Joseph Monaco, 2nd Generation Trial Lawyer
Call me at 609-277-3166
New Jersey law requires property and building owners, managers, or tenants to maintain their premises in a safe condition to prevent guests and business invitees from being injured or wrongfully killed. Commercial establishments even have an active duty to inspect for dangerous conditions as well as fix the defect or, at a minimum, post warnings for their customers’ safety. Accidents can happen at any type of property including amusement parks, restaurants, hardware stores, rental properties or supermarkets. They are also caused in many ways such as slippery or uneven floors, icy sidewalks, uneven steps or poorly maintained amusement rides. As a Cape May County Premises Liability Lawyer, I, Joseph Monaco, will help explain the rights of the injured victim, whether it is you or a loved one that was needlessly hurt or killed.
Amusement Pier Liability
If you are from New Jersey, you know there is nothing quite like the feeling of summer approaching with the anticipation that you will soon be able to head down the shore to enjoy the white sand, boardwalks and entertainment. Who can forget the excitement as a kid riding a roller coaster or hopping on a Ferris wheel in Ocean City or Wildwood. Fortunately, your memories are usually about the fun your family or friends experienced; however, if an amusement pier ride is not maintained or designed properly, it can lead to sudden, unexpected serious injury or wrongful death. Amusement ride cases are often complex and involve differing types of corporations that may be responsible. There could be a product liability claim against the ride’s manufacturer for an unsafe design, or there could be a premises liability claim against the amusement pier for failing to maintain ride safety. Needless to say, these cases require a thorough investigation before evidence is lost or destroyed as well as the hiring of the best experts to uncover what went wrong. Don’t delay, call me, Joseph Monaco, as soon as possible to make sure you and your family receives justice.
Important New Jersey Amusement Ride Laws
N.J. Stat. § 5:3-36.2. Posting of warning notices; contents
Each person who operates a carnival-amusement ride shall post a written notice which complies with the provisions of this section. The notice shall be posted in a conspicuous public place on or near the ride in a manner consistent with standards set by the Commissioner of Community Affairs and shall include:a. The prominently displayed statement: “State law requires that each rider must obey all written warnings and directions regarding this ride and refrain from behaving in a reckless manner which may cause or contribute to injury of the rider or others. Failure to comply is a violation of law and subject to a penalty under the New Jersey Code of Criminal Justice.”; and
b. All applicable written warnings and directions regarding the use of the ride which are consistent with regulations adopted by the department based upon standards of nationally recognized technical or scientific authorities that research the proper use of the ride and the potential injuries in connection with improper use of the ride.
N.J. Stat. § 5:3-46. Maintenance, inspection records
a. The owner and ride operator shall retain at all times up-to-date maintenance and inspection records for each carnival-amusement ride in accordance with such rules and regulations as the department may prescribe. Among other things, such records shall contain information of the date and nature of all inspections, whether by a departmental inspector or a person in the employment of the owner or of any insurer of the carnival-amusement ride, as well as of any violations and the types of actions taken to rectify the violations. All breakdowns or repairs of any mechanical part shall be duly noted. The department may also require a full safety inspection of any ride whose operation results in any injury or death before operation of that ride can be resumed.
b. The department shall conduct an investigation of each carnival-amusement ride incident in which one or more persons suffer death or serious injury and shall identify those measures which may be required to prevent the future occurrence of death or serious injury under similar circumstances and, in furtherance of any investigation pursuant to this subsection, the department may issue and enforce subpoenas to compel the testimony of any person who may have knowledge of any relevant matters and the production of any relevant documents.
N.J. Stat. § 5:3-47. Report of accidents, injuries, fatalities
It shall be the duty of every owner and ride operator to report immediately, on a form to be provided by the department, any accidents and resulting injuries or fatalities incurred during the operation of any carnival-amusement ride, other than minor incidents, as defined by rule, or any mechanical malfunction of any ride while in use necessitating suspension of operation for diagnostic or corrective work, and to cease operation of any ride whose breakdown or malfunction causes a fatality or serious injury to any person, subject to rules and regulations promulgated by the department.
Each owner and operator shall maintain, and make available for inspection by the commissioner, records of all minor incidents incurred in the operation of a carnival-amusement ride. As used in this section, “minor incidents” means those incidents designated by rule of the commissioner to be minor in nature.
As used in this section, “mechanical malfunction” means and includes structural failure of a load-bearing element, mechanical or electrical failure of a drive or control system component, or failure of a restraint system, which materially compromises ride safety.
If you or a loved one were recently injured or killed in Cape May County, you probably have lots of questions about what to do next. As a Cape May County Premises Liability Lawyer, I am committed to answering your questions and addressing your concerns. I will guide you and your family throughout the entire process including helping you make informed decisions about your case. Call me, Joseph Monaco, Toll-Free 855-Joe-Legal to let me help you and your family achieve justice.