Are You Waiving All Liability When You Buy a Ticket to an Amusement Park?
In a recent high-profile lawsuit, a widower accused Disney of negligence after his wife tragically died due to a fatal allergic reaction caused by food served at a Disney establishment. Disney's legal team argued that the claim was preempted by a waiver of liability, which the widower had unknowingly agreed to when signing up for the Disney Plus app. This controversial defense sparked widespread public outrage, raising concerns about the extent to which amusement parks can evade responsibility for injuries or accidents that occur on their premises.
This case sheds light on an important question for anyone visiting amusement parks: Are you really waiving all your rights to hold the park liable when you buy a ticket?
Understanding Liability Waivers in California
California is home to some of the world’s most famous amusement parks, including Disneyland, Universal Studios, and Six Flags. These attractions provide countless hours of entertainment to millions of visitors each year, but accidents do happen, as highlighted by the April 2024 crash of the Universal Studios tram in Studio City, which left several people injured. While most amusement parks require visitors to agree to a waiver of liability as part of their ticket purchase, this does not mean they can escape all legal responsibility when things go wrong.
In California, waivers of liability are common in many industries, especially in businesses like amusement parks where inherent risks are involved. By signing these waivers, visitors acknowledge that they understand certain risks are associated with the activities and agree not to hold the park responsible for minor injuries or mishaps that could reasonably be expected. However, the law in California does not allow these waivers to protect companies from liability in all circumstances.
Gross Negligence and Intentional Harm Are Not Covered
Under California law, a liability waiver cannot shield a company from being held accountable in cases of gross negligence, recklessness, intentional torts, or illegal acts. This means that while you may have waived some liability for minor accidents or expected risks, you still have legal recourse if the amusement park acted in a way that was excessively careless or engaged in intentional wrongdoing.
For example, if the amusement park failed to maintain the safety of their rides or neglected to provide adequate warning about a known danger, and this negligence led to serious injury or death, the waiver of liability would not protect the park from being held accountable. Similarly, waivers cannot cover intentional harm, such as an employee deliberately putting visitors in danger or acting recklessly without regard for their safety.
Seeking Compensation After an Amusement Park Injury
If you or a loved one were injured in an amusement park, it's important to understand that the liability waiver you agreed to may not prevent you from seeking compensation. Amusement park operators have a legal duty to keep their premises reasonably safe for visitors. When they fail to meet this duty, they can be held accountable for your medical bills, lost wages, pain and suffering, and other damages.
At the Law Offices of Ali Taheripour, we help injury victims hold negligent parties accountable. If you or someone you love was hurt at an amusement park, don’t assume that a liability waiver closes the door to legal action. Contact us for a free case evaluation to discuss your legal rights and potential compensation.