A serious accident can make the first hours and days feel chaotic. You do not need to solve the legal issues immediately. A few practical steps, however, can help preserve information that may later matter.
Take care of the injury first
Get appropriate medical attention. If emergency care is recommended, follow through with it. Continue with reasonable follow-up care and keep track of the providers who evaluate or treat the injury.
Your medical condition is more important than collecting evidence at the scene.
Preserve what you already have
Do not discard materials connected to the visit. Depending on how the park operates, that may include:
- Tickets or electronic reservations
- Receipts
- Wristbands
- Confirmation emails
- Text messages
- Photographs or video
- Screenshots
- Check-in records
- Copies of waivers or other documents
Laws vary from state to state. Generally speaking, when a child is injured, courts do not enforce a liability waiver signed by a parent or guardian on the child's behalf. Some states, however, do enforce arbitration clauses signed by a parent or guardian in cases involving a child's injury.
If the incident involved a particular attraction, make a note of its name or location within the facility if you know it.
Identify witnesses
If family members, friends, other guests, or employees saw the incident or its aftermath, preserve their names and contact information when possible.
A witness may remember facts that were difficult for the injured person to observe during a sudden event.
Document the location
Photographs or video taken close in time to an incident can help preserve how an area appeared.
Relevant details may include the attraction itself, padding, barriers, warning signs, flooring, equipment, surrounding conditions, or the location from which a participant entered or exited.
Do not interfere with the scene or put yourself at risk to obtain a photograph.
Keep incident paperwork
If the park creates an incident report, record the name of the person who took the report and ask how a copy can be requested.
If you are given any paperwork, keep it. Do not write on original documents unless necessary.
Avoid guessing
After a serious accident, people often feel pressure to explain immediately why it happened.
It is reasonable to say what you actually know. It is also reasonable to say when you do not know.
A later investigation may include video, witnesses, records, equipment information, and other evidence that was not available to you at the scene.
Consider getting legal advice early
Evidence can change or become harder to obtain with time. Legal deadlines can also vary based on the circumstances and governing law.
If the injury is serious and you are considering a claim, an early consultation can help identify what information should be preserved and what issues need to be investigated.
Talk with us about what happened. Your initial case evaluation is free.