When Fun Turns Fatal: What KC Metro Families Should Know About Amusement Park Liability

Amusement parks are a favorite for families across Kansas and Missouri, offering everything from adrenaline-pumping rides to unique attractions. For many Kansas City metro residents, a trip to nearby parks, like those in Branson, is a yearly tradition. But while amusement parks offer entertainment and excitement, they also come with potential risks. When accidents or even fatalities occur, crucial questions about safety, responsibility, and legal rights arise. The recent tragedy on Branson’s Mountain Coaster serves as a heartbreaking reminder of these risks and underscores the need for awareness about amusement park liability.

As seasoned personal injury and wrongful death trial lawyers, Kendall Law Group believes in helping families understand their rights, recognize potential risks, and know when to seek legal guidance if an injury or tragedy strikes. This article outlines key information about amusement park liability, the responsibilities these parks have toward their guests, and what families can do if the worst happens.

Amusement Park Responsibility: The Duty of Care

Amusement parks hold a considerable “duty of care” to keep their visitors safe. This means they’re legally required to uphold certain safety standards, conduct regular inspections, train employees thoroughly, and provide working safety equipment for rides. When they fail in these duties, guests can be left vulnerable to serious injuries or even death.

This duty of care is a cornerstone of amusement park liability. Missouri and Kansas both enforce legal frameworks that allow individuals and families to pursue personal injury or wrongful death claims when amusement parks fail to uphold these responsibilities. Understanding this duty of care is critical, as it sets the foundation for determining liability when an accident occurs.

Liability Waivers: What They Cover—and What They Don’t

When visiting amusement parks in Missouri or Kansas, guests are often asked to sign liability waivers. These waivers aim to limit the park’s responsibility for injuries or accidents. However, the enforceability of these waivers varies, especially when it comes to serious accidents or fatalities. Here’s a closer look at how liability waivers work in each state:

Missouri’s Stance on Liability Waivers

In Missouri, liability waivers are typically enforceable if they are clear, explicit, and easily understood. However, there are strict limitations:

• No Protection for Gross Negligence: Missouri law does not allow liability waivers to protect parks from gross negligence, willful misconduct, or acts that go against public policy.
• Missouri Revised Statutes: Section 537.060 allows for liability to be divided among responsible parties, meaning each may be held accountable for their percentage of fault. Section 537.065 prevents liability waivers from shielding parties against gross negligence or reckless conduct.

In Missouri, courts often interpret waivers against the party seeking protection, meaning any unclear language can render a waiver unenforceable. This prevents amusement parks from avoiding responsibility in cases of gross negligence or intentional harm.

Kansas’s Approach to Liability Waivers

Kansas also enforces liability waivers, provided they are explicit about the risks being waived. However, like Missouri, Kansas waivers cannot shield parks from liability for gross negligence, recklessness, or intentional acts:

• Comparative Fault: Kansas Statute K.S.A. 60-258a describes a comparative fault approach, meaning that liability can be divided if another party is partially responsible.
• Special Protections for Minors: Kansas public policy prohibits parents or guardians from waiving a minor’s right to bring legal claims. This means that a waiver signed on behalf of a child may not be enforceable.

Kansas upholds waivers for cases of ordinary negligence but limits these waivers when it comes to minors or gross negligence. This ensures that the rights of children and those affected by severe negligence are safeguarded.

Legal Grounds for Liability in Missouri and Kansas

If an injury or fatality occurs at an amusement park due to a failure in safety or care, both Missouri and Kansas allow personal injury and wrongful death claims against parks. Here are some of the key elements that contribute to liability:

• Duty of Care – Parks in Missouri and Kansas are required to inspect their rides regularly, maintain functioning safety equipment, and ensure ride operators are well-trained. Parks that breach this duty of care by failing to meet safety standards may face lawsuits if an accident or death occurs as a result.
• Negligence – Negligence is a cornerstone of liability claims and refers to a park’s failure to take reasonable precautions. If an amusement park accident is due to operator error, poor maintenance, or preventable issues, the park could be held accountable.
• Product Liability – If an accident results from defective equipment or malfunctioning rides, product liability laws may apply. In cases where a ride malfunctions due to a design flaw, both the amusement park and the ride manufacturer may share liability.
• Premises Liability – Under premises liability laws, parks are responsible for keeping all areas, including walkways, dining areas, and restrooms, safe for guests. If a guest suffers an injury due to hazardous conditions, such as a wet floor or damaged step, the park may be liable.
• Wrongful Death Claims – When an amusement park’s negligence leads to a fatal accident, families can pursue wrongful death claims. These claims allow families to seek compensation for the loss of companionship, funeral expenses, and other impacts. Holding parks accountable can also encourage improved safety protocols to prevent future tragedies.

Mountain Coaster Tragedy in Branson: A Sobering Reminder

The recent deaths on Branson’s Mountain Coaster have sparked discussions about amusement park safety. Reports indicate that a possible mechanical failure contributed to the incident, highlighting the dangers associated with equipment malfunctions on thrill rides. This tragedy serves as a stark reminder for Kansas City families who frequent parks in Branson and similar destinations: proper maintenance and safety practices are essential for every ride.

If negligence is found to be a factor, the families of the Mountain Coaster victims have the right to seek justice. Legal action in cases like these can not only provide answers and compensation for grieving families but also push for better maintenance practices that protect future park visitors.

Common Causes of Amusement Park Accidents

Understanding the causes of amusement park accidents helps families recognize potential dangers and stay informed. Here are some of the primary causes:

• Mechanical Failures: Equipment malfunctions can result from poor maintenance, skipped inspections, or faulty designs. Missouri and Kansas laws require parks to maintain their equipment, and failure to do so can lead to severe accidents.
• Operator Error: Inadequate training or failure to supervise employees can lead to accidents. Parks must ensure their staff are properly trained and prepared to operate rides safely.
• Inadequate Safety Measures: Missing or poorly maintained safety features, like seat belts and harnesses, increase the risk of injury. When parks fail to enforce these measures, they may be liable for resulting injuries.
• Insufficient Warnings: Some rides pose risks for individuals with certain health conditions. Without clear warnings, vulnerable visitors may unknowingly endanger themselves. Parks should provide proper signage and warnings to help prevent injuries.
• Poor Premises Maintenance: Amusement parks must maintain more than just rides. Pathways, food courts, and restrooms should be safe and well-maintained. Hazards like wet floors or broken steps can lead to falls and other injuries, leaving parks liable.

What to Do After an Amusement Park Accident

If you or a loved one is injured at an amusement park, taking these steps can protect your rights and provide a foundation for pursuing compensation:

• Document the Incident: Take photos, collect witness statements, and keep medical records to support your claim.
• Report the Accident: Notify park staff and request an official report.
• Seek Medical Attention: Even if injuries seem minor, a medical evaluation is essential, as some injuries do not show immediate symptoms.
• Consult a Personal Injury Attorney: An experienced attorney can guide you through the claims process, ensuring your rights are protected.

Wrongful Death Claims: Support for Grieving Families

Losing a loved one due to an amusement park accident is unimaginable. Missouri and Kansas allow close family members to file wrongful death claims, providing compensation for expenses and losses associated with the tragedy. Proving negligence in these cases often requires evidence like maintenance logs, training records, and eyewitness accounts, all of which demonstrate a park’s failure to uphold its duty of care.

Why Accountability Matters

When families hold amusement parks accountable, they not only secure financial relief but also contribute to improved safety standards for future visitors. Increased scrutiny following accidents often leads to safer practices, reducing risks and improving visitor protection.

Final Thoughts: Your Rights and Resources

Amusement parks should be places of joy and family fun, not sites of tragedy. For families in the Kansas City area, knowing your rights in the event of an injury or fatality is essential. The recent Mountain Coaster accident in Branson highlights the importance of strict maintenance and safety protocols.

Kansas City Personal Injury & Wrongful Death Trial Lawyers

If you or a loved one has suffered an amusement park injury or wrongful death, Kendall Law Group is here for you. With over three decades of helping Kansas City families, we are committed to seeking justice and helping you rebuild after tragedy. Contact us for a free consultation at (816) 531-3100 or reach out to us HERE.