When someone who is wrongfully injured seeks to commence a lawsuit, a natural part of the process is determining which actors may be at fault. A major role of an expert personal injury attorney is to identify these parties and determine to what extent their negligence contributed to the injury. Sometimes attorneys have to make non-intuitive arguments in order to implicate parties, but sometimes the arguments for liability are more straightforward. In the case of a carnival ride malfunction, it would seem evident that those employed to inspect the rides for malfunctions would be at the very least subject to an inquiry regarding liability; however, many states have made it so these inspectors are entirely immune from negligence lawsuits that arise from such malfunctions and result in injury.
While potential claimants are free to implicate the owners and manufacturers of amusement park rides in their suits, some feel that the immunity that state inspectors receive puts them above the law. Even more concerning, such laws do not provide a proper incentive for them to properly do their jobs and to protect the public. This level of immunity under state law often requires that attorneys need to show that inspectors acted intentionally to cause harm or willfully ignored an obvious defect in order to recover money damages, a standard which University of Pennsylvania Law Professor Christopher Robinette notes is extraordinarily high.
Although not every state provides this immunity, there is no national standard for ride inspections, and it is thus left up to each state to decide their standards for inspection. Veteran ride inspector and accident investigator Greg Fehr notes that more stringent inspection standards are needed, and inspector accountability must be increased, lest potentially deadly accidents continue to occur.
If you or a loved one has been injured by a malfunctioning amusement park ride, you may be entitled to significant monetary damages. To discuss your potential products liability claim with an expert product liability lawyer, act now and contact one of our expert attorneys here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates. Call us today at 617-787-3700 or email us at [email protected] for your free and private consultation. Your needs are our top priority!