You are in:
- Editorial » Comment » Park Law
Defence Vs Settlement
Lawsuits are inevitable in the amusement industry, and several plaintiffs’ attorneys have targeted the industry in recent months. Insurance companies retain defence counsel to represent your interests in these lawsuits, but which ones should you urge the insurer to defend and which should you attempt to settle amicably?
Crisis Management
Accidents are unavoidable. Whether the fault of your park or its patrons, your initial behaviour can make all the difference to the reaction of the guest involved, their family and government regulators, as well to the public perception of your park.
Document Creation and Retention
We create documents every day in the amusement industry: inspection reports, maintenance records, incident reports, employee files and payroll records.
Style Vs Safety
Are you watching what your park guests are wearing? Are today’s styles cool and trendy or an accident waiting to happen?
The Value of Certification
Whether simply improving park employee performance, addressing issues raised by local or independent inspectors, or defending against a personal injury lawsuit, the value of industry certifications can be tremendous.
Brand building and asset protection
Amusement venues and their suppliers provide a unique form of entertainment. As with many businesses, when aspects of the offering are lucrative, they may be worthy of protection so they cannot be duplicated and used by those with inferior products or services. Heather M Eichenbaum Esq and Timothy J Szuhaj Esq explain how amusement venues can protect their value assets.
Park Security: Lawfully Enforcing the Rules
Amusement parks, like most other businesses open to the public, host a wide array of visitors. Some of those visitors, although "invited," may be unsavory.
When Health & Safety Agencies Collide
In the United States, amusement parks are often regulated by State or local agencies. Many of these agencies have the authority to mandate how an amusement attraction is maintained or operated.
Employee Complaints
Although amusement parks are generally considered relaxed and fun by their guests, employees may well view the atmosphere differently. This is something to consider as you prepare your staff for the season ahead.
Truth in Advertising
Whether print, television, radio or web, parks must always consider disclosures in their advertising. Promotions usually have limitations on time or quantity available. Legally, without disclosures of such restrictions, you may be bound to honour your advertising promises long after you intended a promotion to expire.
Getting the parts you bargained for!
Your most-popular ride suddenly breaks down a week before the big holiday weekend. You’ve been on the phone with the manufacturer but cannot fix the problem without a new part. Unfortunately, you cannot locate the part you need locally and are forced to order from overseas. You are short on time, money, and stressed about whether you will get the ride operable again before the big weekend. Your tendency is to rush into a purchase, often by telephone, to ensure you can get your ride operating again quickly. Stop. Rushing into a purchase, without proper documentation, can leave you with the wrong part and cost you thousands.
Are Segways the new wheelchairs?
Amusement parks have, over the last few years, faced increasing pressure to expand accessibility to those with disabilities. Evidence from the US suggests that more and more guests are now arriving at the park with a particular brand of motorised walking aid.
Effective Witness Statements
When an accident occurs, a patron complains of improper treatment or an employee lodges a complaint against your park, it is important to obtain witness statements, documenting what employees and other witnesses know about the incident or allegation.
Employee handbooks
Employee handbooks, setting forth employment guidelines and requirements, are essential to protecting your park from employee lawsuits, as well as useful in defending third-party suits for personal injury.
Documenting employee training
Are you prepared to defend the actions of your ride operators and maintenance staff when an accident occurs? Having the proper documentation of all employees’ training is one of the most important aspects of defending your park.
A fair deal for service providers
With amusement venues throughout the world, it is inevitable that service providers, including inspectors, consultants, attorneys and computer programmers, will travel. It is wise that service providers protect themselves, to ensure they are paid fully and promptly.