Does the “Assumption of Risk” Apply to New Jersey Amusement Park Visitors?
Most people understand there is some risk when going to an amusement park or waterpark. Safety is never completely guaranteed, and situations could arise that may lead to physical bodily harm. Some places, like amusement parks, may have a greater risk of injury accidents than others. It is always possible to be hurt at an amusement park and if this happens, what are your rights to compensation?
In some states, if an individual is harmed at an amusement park, the “assumption of risk” is permitted as a legally valid argument against paying the injured party compensation for their damages or for reducing the amount owed to them. New Jersey is not one of these states.
If you were injured at an amusement park in New Jersey, knowing the law and your rights is essential. However, you may need assistance understanding your options for taking legal action when an injury accident happens. In that case, you are welcome to speak with a South Jersey personal injury attorney at Monaco Law PC. Our experienced personal injury lawyer knows the laws related to amusement park injury accidents and how to help victims get the full amount of compensation from their claims that they deserve.
Risk, New Jersey Amusement Parks, and the Law
The assumption of risk is a legal doctrine where when an injury accident happens, a defendant can assert that the injured party had the assumption of risk as a way to get out of financial liability for the injured party’s harm. In other words, the defendant is not responsible for the injuries to the plaintiff because the plaintiff knew the risks associated with the activity they engaged in but still decided to continue. Therefore, the plaintiff consented to the activity and assumed its associated risks. As a result, the defendant should not have to pay the plaintiff their full amount of damages or not be responsible for paying them anything at all.
In New Jersey, the Garden State follows a comparative negligence system instead of allowing the assumption of risk defense. In New Jersey’s comparative negligence system, when an injury accident happens, it is investigated, and a percentage of negligence is evaluated for everyone involved. It can be possible for a party to have 0% negligence, and if this is true, then that party would be able to recover 100% of their damages. Often, though, there is a little bit of blame to go around for everyone. As long as any party is not more than 50% responsible for causing the accident, they can recover compensation, and the amount they may receive will be reduced by their portion of fault. Those who are over 50% responsible will be barred from being able to obtain compensation.
It should be pointed out that when an amusement park visitor is made aware of safety instructions but chooses to ignore them and then are hurt, they are unlikely to obtain compensation for their damages.
Speak to a New Jersey Personal Injury Attorney Today
If you would like to learn more about filing a claim for compensation after an amusement park accident, please call our South Jersey personal injury lawyer at Monaco Law PC to schedule a free consultation at (609) 277-3166 for our New Jersey office and (215) 546-3166 for our office in Pennsylvania.
We are a New Jersey and Pennsylvania personal injury law firm serving Atlantic County, Burlington County, Cape May County, Camden County, Cumberland County, Gloucester County, Mercer County, Middlesex County, Ocean County, Salem County, and all of South Jersey.
Source:
njcourts.gov/sites/default/files/charges/7.31.pdf
