Injured at a Nevada amusement park? How to bring a lawsuit

Nevada law allows you to bring lawsuits for injuries you sustain at amusement parks and theme parks. Claims for monetary damages can be made against the

• park’s employees,
• vendors,
• operators and/or
• the park’s owners or parent corporation.

Money damages can include compensation for medical bills, lost wages, pain and suffering, and even wrongful death.

The key to winning a lawsuit against a Nevada amusement or theme park is to prove that the park or one of its employees was negligent.

To help you better understand Nevada’s laws on amusement park and theme parks accidents, our Nevada personal injury attorneys discuss the following:

• 1. Common accidents
• 2. Proving negligence
• 3. Damages
• 4. Assumption of the risk
• 5. Popular theme parks in Las Vegas
• Additional Reading

1. Common accidents

Although Nevada’s amusement and theme parks are generally safe, accidents still happen.

Potential sources of injuries at Las Vegas amusement parks include (without limitation):

• Roller coaster accidents;
• Food poisoning;
• Slip-and-fall accidents;
• Head injuries from falling objects; or
• Wrongful death, often from children falling out of restraints designed for larger passengers.

According to the Amusement Safety Organization, over 100 people are injured at Las Vegas theme parks each year. In 2019, a woman ended up losing two of her limbs as a result of falling off the Circus Circus Adventuredome roller coaster.

Nationwide, in 2021, there were an estimated 1,281 ride-related injuries in amusement parks. One-hundred and thirty of them were “serious.”¹

While many of these injuries result from unavoidable accidents, more than a few amusement park accidents are caused by negligence.

2. Proving negligence

Under Nevada premises liability law, theme parks owe you as their customer a duty to keep the park in a reasonably safe condition.

Ways Las Vegas theme parks can violate their duty of care include:

• Ride design or manufacturing defects;
• Failure to properly inspect or maintain equipment;
• Failure to post adequate warning signs;
• Failure to comply with ride safety standards (including age and height restrictions);
• Improperly trained or qualified ride operators;
• Operator impairment or distraction; or
• Wet, broken or uneven floors.

Our Nevada personal injury lawyers will look at all the facts surrounding your case to determine if the amusement park operator was negligent — including weather conditions, safety warnings and training undergone by the operator.

3. Damages

If you or someone you know was injured at a theme park, our Las Vegas personal injury lawyers may be able to help you get compensation for:

• Medical bills,
• Lost wages,
• Physical therapy,
• Pain and suffering, and
• Other losses.

We may even be able to help you recover punitive damages if an employee intentionally injured you or the park illegally discriminated against you.

The statute of limitations in Nevada personal injury cases can be as short as two (2) years, so be sure to contact us right away to start working on your case.

4. Assumption of the risk

Theme park personnel will often claim that they are not responsible for your injuries under Nevada’s assumption of the risk doctrine. Assumption of the risk applies when:

• You have actual knowledge of the risk involved in a conduct or activity;
• You fully appreciate the danger resulting from the risk; and
• You voluntarily accept that risk.¹

While it may seem that this applies to injuries on theme park rides, Nevada’s assumption of risk law does not permit the operator of a dangerous ride or attraction to transfer all liability to the customer. Even when it does apply, it is often just one factor in a Nevada comparative negligence / shared fault assessment.

Example: While Megan is on a ride rounding a turn at a Las Vegas amusement park, she is thrown hard against the side of the car, causing a spinal injury. Since the ride had warning signs, the park’s parent company claims she assumed the risk of injuries. However, Megan’s attorney discovers that the ride operator was texting and neglected to slow the ride down. She did not assume the risk of employee negligence. The claim is settled out-of-court in Megan’s favor.

5. Popular theme parks in Las Vegas

Injuries can happen anywhere – even on so-called “family” rides. Popular (but potentially dangerous) rides and amusement park attractions on or near the Las Vegas strip include:

• The High Roller at LINQ;
• Stratosphere Tower thrill rides such as Big Shot, Insanity and Sky Jump;
• Adventuredome rides at Circus Circus (including Canyon Blaster, El Loco, Sling Shot, and the Inverter);
• Las Vegas Mini Grand Prix;
• Go-Karts at Gene Woods Racing Experience; and
• Impact Archery.

To keep yourself safe on Las Vegas amusement park rides, we recommend keeping your hands inside the ride and obeying all posted safety warnings, including age and height restrictions.

Additional Reading

For more in-depth information, refer to the following:

• Criminal Liability for Amusement Park Death and Injuries – North East Journal of Legal Studies.
• Rider Beware: Relying on the Courts and a Nationalized Rating System to Address the Duty of Care Owed to Amusement Park Attractions Guests – Vanderbilt Journal of Entertainment and Technology Law.
• Ride at Your Own Risk: Amusement Parks and Liability – LawNow.
• Global incidence of theme park and amusement ride accidents – Safety Science.
• IAAPA (International Association of Amusement Parks and Attractions) Amusement Ride Safety – fact sheet by a global trade association representing the interests of amusement parks, theme parks, family entertainment centers, zoos, aquariums, manufacturers, and suppliers in the attractions industry.

Legal references: