Many amusement parks in recent years have been the location of high-profile accidents, several of which have ended in death. One question that arises is, could the victim of an accident or survivors sue the business for negligence if an accident occurred on the premises of their amusement park or ride?
Company Plans New Indoor Skydiving Attraction Near SunTrust Park
In what might lead to premises liability lawsuits, a new indoor skydiving facility near the new Braves stadium will allow visitors to simulate the experience of freefall without having to jump out of a plane, according to The Atlanta Journal Constitution. The technology, called iFly, uses a vertical wind tunnel to propel visitors up into the air for minutes at a time. The operators of the wind tunnel will allow visitors over the age of three to use the facility. The iFly indoor skydiving attraction is part of the overall development occurring new the new Braves stadium, which the club will name SunTrust stadium, and which is under construction in the Cumberland Mall area of Cobb County. Patch.com reports that the location of the entertainment facility will be close to the intersection of I-285 and Cobb Parkway.
Cobb County Zoning Officials Objected to iFly’s Construction Plans
Although the company has built over 50 indoor wind tunnels throughout the world going back to 1998, they had to make several modifications to their standard construction plans for this location. The reason was that Cobb County zoning and planning officials would not allow iFly to construct a building at the height that their standard plan required. Because iFly wanted to stay close to the planned SunTrust stadium location, they modified their plan to allow for a smaller building. It does not appear that safety concerns were part of the reason for the county’s objections to the planned construction.
Georgia Law Holds Business Owners Liable for Accidents on the Premises
Although iFly says that their facilities are extremely safe, visitors may want to be certain they are ready to take certain risks. Could the victim of an accident or survivors sue the business for negligence if an accident occurred on the premises of their amusement park or ride? In general, the answer is yes. If the business fails to make their ride as safe as is reasonably possible (for example, failing to install restraints or make riders wear helmets), or if they fail to warn the visitors of the risks involved, then they may be liable for negligence. However, it’s common for amusement parks to make visitors sign waivers relieving the operator of any liability for accidents. In Georgia, these waivers of liability are usually valid, which means that you should think twice before signing away your right to sue. A small exception is that waivers are not a bar to liability for gross negligence.
Could Accident Victims Sue iFly for Negligence Based on Premises Liability?
If a visitor to an entertainment attraction like iFly were to sustain an injury during their visit, would they be able to sue the operator? It depends on the situation. If iFly was able to make the ride safer for visitors by taking reasonable steps, but failed to do so, then they may be liable for negligence. For example, if they could have supplied helmets for the riders to wear, or limited the height at which the simulated skydive occurred to a known safe height, but didn’t, and this resulted in an injury, then they might be liable for negligence. Also, if iFly were aware of specific dangers that the ride posed, and could have warned visitors about the dangers, but failed to, this might also make them liable for negligence. However, if iFly has riders sign a waiver of liability before they ride, then this waiver will probably prevent accident victims from succeeding in a lawsuit against iFly.
Contact an Attorney for Assistance
If you or someone you know has had an accident on someone else’s property, it is important to get in touch with an attorney today. Contact a premises liability lawyer at Williams Elleby Howard & Easter in Cobb County today to begin working on your recovery.
