Injured at a Theme Park in Las Vegas? How to Seek Compensation for Ride Malfunctions and Negligence

Las Vegas is world-famous for its dazzling entertainment, including adrenaline-pumping theme park rides. From the high-speed thrills of The Big Apple Coaster at New York-New York to the heart-stopping drops at The STRAT’s thrill rides, visitors expect a safe and enjoyable experience. However, accidents happen—sometimes due to ride malfunctions, operator negligence, or poor maintenance. When injuries occur, victims may be entitled to compensation under Nevada’s personal injury laws.

Understanding your legal rights after a theme park injury is important. Whether you were hurt due to a defective ride, an inattentive operator, or an unsafe environment, knowing the steps to take can make a difference in securing the compensation you deserve. 

Common Causes of Theme Park Injuries in Las Vegas

Theme park injuries can happen for various reasons, from faulty rides to human errors. Some of the most common causes include:

Ride Malfunctions

• Mechanical failures due to poor maintenance
• Design defects in rides
• Safety restraint malfunctions leading to falls or ejections
• Sudden ride breakdowns causing whiplash or impact injuries

Operator Negligence

• Failure to follow safety protocols
• Inadequate training of ride operators
• Allowing riders who do not meet height, weight, or health restrictions
• Disregarding warning signs or emergency shutdown procedures

Slip and Fall Accidents

• Wet or slippery surfaces near attractions
• Uneven pavement, broken stairs, or faulty handrails
• Poor lighting in high-traffic areas
• Lack of warning signs for hazardous areas

Inadequate Safety Warnings

• Missing or misleading signage on height, weight, or medical restrictions
• Poorly marked emergency exits
• Failure to provide verbal instructions before rides

Notable Theme Parks & Attractions in Las Vegas:

• Adventuredome at Circus Circus – Features roller coasters and thrill rides, including El Loco and Canyon Blaster.
• The STRAT Thrill Rides – Includes the Big Shot, Insanity, and X-Scream, perched atop a 1,149-foot tower.
• The Big Apple Coaster (New York-New York Hotel & Casino) – A high-speed roller coaster with inversions.
• SlotZilla Zipline (Fremont Street Experience) – An aerial zipline ride spanning the downtown Las Vegas district.
• High Roller at The LINQ – The world’s second-tallest observation wheel, with enclosed cabins that require routine safety checks.

Legal Grounds for Seeking Compensation in Nevada

If you’re injured at a theme park in Las Vegas, you may be eligible to file a claim based on one or more of the following legal principles:

Nevada Premises Liability Laws

Under Nevada law, property owners and businesses—including theme parks—have a duty of care to keep visitors safe. If the park fails to properly maintain its rides, enforce safety protocols, or warn guests about potential dangers, they can be held liable for injuries.

Negligence-Based Claims

To prove negligence in a theme park injury case, the victim must demonstrate:

1. The theme park owed a duty of care.
2. The park breached that duty (e.g., poor maintenance, lack of safety training, failure to warn riders).
3. The breach directly caused the injury.
4. The injury resulted in damages (e.g., medical expenses, lost wages, pain, and suffering).

Product Liability (Defective Rides or Equipment)

If a ride was defectively designed or manufactured, the ride’s manufacturer may be responsible. Examples include:

• Malfunctioning seat belts or restraints
• Structural defects leading to ride collapse
• Electrical failures causing abrupt stops or ejections

Waivers & Assumption of Risk in Nevada

Many theme parks require guests to sign liability waivers. However, Nevada law does not always recognize these waivers as enforceable, particularly if negligence was involved. Victims may still be able to pursue a claim if:

• The injury resulted from gross negligence or reckless misconduct.
• The park failed to disclose known risks.
• The waiver is deemed overly broad or misleading in court.

What to Do If You’re Injured at a Theme Park in Las Vegas

If you suffer an injury at a Las Vegas theme park, taking the right steps can significantly impact your ability to seek compensation. Here’s what to do:

1. Seek Immediate Medical Attention

• Your health comes first. Even if injuries seem minor, get a medical evaluation.
• Having medical records will help support your injury claim.

2. Report the Incident to Park Management

• Ask for a formal incident report and request a copy.
• Avoid signing any waivers or settlements offered immediately after the accident.

3. Gather Evidence

• Take photos/videos of the accident scene, including defective rides or hazardous conditions.
• Obtain witness contact information for future statements.
• Keep all receipts related to medical treatment and out-of-pocket expenses.

4. Preserve Medical Records & Expenses

• Save copies of medical reports, prescriptions, and bills.
• Document ongoing treatments or therapy related to the injury.

5. Consult a Las Vegas Personal Injury Lawyer

• Nevada’s personal injury laws can be complex. An experienced attorney can help determine liability and maximize compensation. Moss Berg Injury Law offers free consultations and can guide you through the legal process.

Who Can Be Held Liable in a Theme Park Injury Case?

Determining who is responsible for a theme park injury is crucial when filing a claim. Liability depends on the circumstances of the accident and the parties involved in maintaining safety.

1. Theme Park Operators & Owners

• Theme parks have a legal duty to ensure the safety of all visitors.
• If they fail to maintain rides, provide adequate staff training, or address safety hazards, they may be held liable for negligence.
• Example: A visitor is injured due to a broken lap bar that wasn’t properly maintained. If the park was aware of the issue but did not fix it, they could be held responsible.

2. Ride Manufacturers & Designers

• If a ride was poorly designed or had a manufacturing defect, the company that built the ride could be held accountable under product liability laws.
• Example: A roller coaster with a flawed restraint system that allows riders to fall out may be inherently defective, leading to liability for the manufacturer.
  

3. Third-Party Maintenance Companies

• Many theme parks outsource maintenance to third-party vendors. If these companies fail to properly inspect or repair rides, they may share responsibility.
• Example: A ride malfunctions because a maintenance company skipped an inspection or used faulty replacement parts.
  

4. Individual Ride Operators or Staff Members

• If a ride operator fails to follow safety procedures (e.g., not checking seatbelts), they could be personally responsible.
• However, in most cases, the theme park is vicariously liable for its employees’ actions.
  

Types of Compensation You May Be Entitled To

If you’ve been injured at a Las Vegas theme park, you may be entitled to various forms of compensation depending on your case.

1. Medical Expenses

• Covers emergency room visits, surgeries, hospital stays, medications, physical therapy, and ongoing care.
• If you require long-term treatment, the claim can include future medical costs.

2. Lost Wages & Loss of Earning Capacity

• If your injury forces you to miss work, you may be compensated for lost income.
• In severe cases where you cannot return to your job, you may receive damages for reduced earning capacity.
  

3. Pain & Suffering

• Compensation for physical pain, emotional distress, PTSD, and loss of enjoyment of life.
• Example: A victim suffers from chronic pain and anxiety after a traumatic roller coaster accident.
  

4. Punitive Damages (For Gross Negligence)

• If a theme park willfully ignored safety hazards, the court may award punitive damages to punish the negligent party.
• Example: A park knew a ride was dangerous but continued operating it without making repairs.

Nevada’s Statute of Limitations for Personal Injury Claims

Under Nevada law (NRS 11.190), injured victims have:

• Two years from the date of injury to file a lawsuit.
• If an injury is discovered later (e.g., internal injuries), the time limit may start from the date of discovery.
• In cases of wrongful death, the family has two years from the date of death to file a claim.

Why does this matter?

• If you miss the deadline, you lose the right to seek compensation.
• It’s critical to consult an attorney as soon as possible to protect your legal rights.
  

Why You Need a Las Vegas Personal Injury Attorney

Filing a claim against a large theme park company is complex. They have powerful legal teams and insurance companies working to minimize payouts. Being injured at a Las Vegas theme park can lead to serious medical expenses, lost wages, and emotional trauma. However, you have the right to seek compensation.

If you or a loved one has suffered an injury at a Las Vegas theme park, don’t wait!
Contact Moss Berg Injury Law today for a FREE case evaluation! Time is limited—act now to protect your rights!