You really shouldn’t be surprised to learn Texas is home to more amusement parks than most people can keep track of. 

After all, this is the Lonestar State and everything is bigger here, including the number of rollercoasters. Since you can hop any number of rollercoasters just about anywhere in Texas, it isn’t surprising to learn that accident rates are rather high. 

There were over 1,200 ride-related injuries in 2021. So, this statistic doesn’t mean you should stay away from roller coasters. However, if you’re injured in a rollercoaster accident you may be eligible for recovering compensation. This means you need to know a bit about filing a premises liability claim.

What is a Premises Liability Claim?

Okay, the legal process can be confusing even before you get started. While your roller coaster accident falls under personal injury law, it’s just the start. Personal injury law is sort of like a giant umbrella covering different types of accident claims. When your accident occurs on someone else’s property, either public or private, you’re filing a premises liability claim.

All property owners, managers, and occasionally tenants are responsible for keeping their premises free from all hazards. This includes hazards they know and should’ve known about. If a guest or visitor is injured on the property, chances are they can file a premises liability claim. 

Typically, property owners and managers are responsible for keeping the premises free from hazards. However, if the tenant is willfully ignoring potential hazards they may be liable for any damages. The simple fact that the tenant is paying a fee to occupy the property can make them liable. 

Every premises liability claim is unique so it’s best to work with an attorney when you’re trying to determine who’s liable for your damages.

You Can’t Skip Proving Negligence

Some states treat premises liability claims similar to strict product liability claims. Negligence is pretty much always implied in strict liability claims. This typically makes it a bit easier to prove your claim. 

Texas isn’t one of these states that presumes negligence in a premises liability claim. If you want your injury claim to make it past the first step in the legal process, proving the key elements of negligence is a must.

Duty of Care

The Lone Star state’s premises laws aren’t one-size-fits-all.  Property owners and managers don’t owe everyone the same duty of care. This depends on the reason the individual is on the property. Yep, you owe a guest a different duty of care than a door-to-door salesperson.

Let’s start with what duty of care means in the legal sense. It refers to the duty everyone owes to behave in a reasonable manner. One that doesn’t place others at risk. For example you owe your guests a duty of care to ensure the property is free from potential hazards. It can be anything from a loose board on the roller coaster’s platform to a spill on the grocery store floor.

Okay, now on to the level of care property owners and managers typically owe to different types of individuals.

Anyone invited onto the property like ticket holders at an amusement park is owed the highest level of care. This means regularly inspecting the property to ensure all hazards are removed or warning signs are in place. Invitees, these are people like guests to a party or grand opening, are owed the second highest level of care. Texas law requires property owners and managers to keep their premises reasonably safe.

While trespassers are violating the law, they are still owed a minimal duty of care. Property owners and managers just need to take reasonable steps to prevent intentional injuries. In other words, you can’t purposefully leave a hazard out hoping to trip up a trespasser.

Breach of Duty of Care

You’ve established the property owner or manager owes you a duty of care. Now, it’s time to show they breached this duty. Thankfully, this element is a bit easier to show. If you’re classified as an invitee, you must show the premise’s owner and/or manager failed to keep the property free of hazards. This is usually done by collecting procedure manuals, along with inspection and repair reports. 

Surveillance footage can also be helpful, including any cameras that capture your image on the rollercoaster. Since licensees are usually owed the highest level of care, you’re probably going to need to submit a bit more evidence. This can include snapping pictures of the hazard and collecting witness statements. You may also need to interview employees to find out if the property owner knew about the hazard.

Trespassers have a harder time proving both duty and breach of care. However, if a trespasser can show that the hazard is intentionally placed to cause harm they may have grounds for a premises liability claim.

Causation

You’ve made it to the third element of negligence and things tend to get a bit easier from here. This is when you show the breach of care is directly responsible for your injuries and other damages.

Proving the dangerous conditions on the premises that caused your injuries usually means presenting plenty of testimony. Guess what, you get to give your testimony about the events that caused your accident. However even though you’re testifying under oath. It’s usually not enough to satisfy this requirement.

You’re probably going to need to provide witness testimony. You must alsosubmit any video footage. Your medical records can also help support your injury claim. You may even need expert medical testimony. This requirement is common when injuries are severe.

Damages

This is the easiest element of negligence to prove, as long as you have your bills and receipts. You’ll present these as evidence supporting your listed damages. Your medical records and pay stubs may also be required. Typically, the evidence you submit is based on what you’re listing in the accident claim.

Don’t Navigate A Roller Coaster Accident Claim in Texas By Yourself

Premises liability laws can leave you scratching your head. If you get something wrong you may be jeopardizing your ability to recover compensation. Working with an experienced Texas personal injury attorney can help simplify the process.