Amusement park improper ride operation

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Amusement park improper ride operation

My family and I went to get on a spinning ride. The attendant was just sitting in the center cab and we were waiting at the gate. No one came to us so we went around to him. We asked if the ride was open and if we could get on. He nodded. We proceeded to get on the ride. I put my 3 year old in the seat and buckled him in, the rest of the family buckles in. The attendant is supposed to come around and tighten the harness that comes over your shoulders and make sure everyone is buckled in correctly. He did not do that. Instead as was standing up trying to get his attention he proceeded to start the ride. I yelled at him telling him to please turn the ride off. My family isn’t buckled in yet. He gave me a blank stare. I told my family to get off of the ride immediately. I immediately got my son off the right just in time. This was terrifying. We didn’t get injured externally but my kids and myself were too scared to ride any other moving rides. I talked to the park manager and he told me the person operating this has a mental disability but that he has always operated the ride safely. Well, he didnt operate the ride safely this time. What should I do? Do I have a case? I don’t want this to happen to someone and then them not be able to get their toddler off on time and something happen to them. I asked for a refund for the park but they said they would only give me a refund if I signed a release form.

Asked on September 15, 2018 under Personal Injury, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you don't have a case. The law only provides compensation for actual physical harm done, or medical costs incurred, in cases like this: since fortunately, no harm was done, there is no nothing to sue for and no compensation to which you'd be entitled. There is no compensation for being scared or mental anguish when the someone acted negligently or carelessly (i.e. did not intentionally intend to hurt or harass or scare you) and there was no physical harm. So if you were to take legal action, there is no compensation which you'd get.


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