Amusement Park and Entertainment Venue Liability in Denver: What You Need to Know About Ride Safety and Accidents

Imagine this: you’re at Elitch Gardens with your family on a gorgeous Colorado summer day. The kids are screaming with delight on the rides, and you’re finally relaxing for the first time in weeks. Then something goes wrong. Maybe it’s a mechanical problem, maybe someone slips and falls, or maybe there’s an accident that leaves you or a loved one hurt. Suddenly, that perfect day turns into a nightmare, and you’re left wondering what your rights are and who’s responsible.

I’ve been working with folks in Denver for years who’ve found themselves in exactly this spot, and let me tell you – it’s more common than you’d think. Entertainment spots, from big theme parks to local arcades and indoor trampoline parks, have a serious duty to keep their guests safe. When they don’t live up to that duty, people get hurt, and families get stuck with medical bills, lost wages, and a whole lot of stress they never asked for.

Here’s the thing though – you don’t have to figure this mess out alone. Understanding how responsibility works at these places can make all the difference in protecting yourself and your family, both before an accident happens and after. Let’s dig into what you really need to know about amusement park and entertainment venue responsibility right here in Denver.

Understanding Entertainment Venue Responsibility in Colorado

When we talk about responsibility at entertainment spots, we’re really talking about who’s legally on the hook when something goes sideways. In Colorado, this isn’t just some abstract legal idea – it’s the structure that decides whether you can get money for your injuries and how much you might receive.

The Legal Basics: Premises Liability Law

Entertainment venues in Colorado fall under what we call premises liability law. This basically means that property owners and operators have a legal duty to keep their property reasonably safe for visitors. It sounds simple, but trust me, the devil’s in the details.

The key word here is “reasonably.” Venue owners aren’t expected to prevent every single accident – that would be impossible. But they are expected to take reasonable steps to spot dangers, fix problems they know about, and warn guests about risks they can’t immediately get rid of.

For entertainment venues specifically, this duty is even higher than what you’d expect at, say, a grocery store. Why? Because these places are inviting families to come and do things that are naturally more risky than everyday shopping. When you’re asking people to strap themselves into a roller coaster or jump around on trampolines, you better make sure your equipment and facilities are up to snuff.

Types of Visitors and Their Rights

Colorado law actually recognizes different kinds of visitors, and your rights can vary depending on which group you’re in. Most guests at entertainment venues are what we call “invitees” – people who are invited onto the property for the mutual benefit of both the visitor and the property owner. You’re there to have fun and spend money; they’re there to provide entertainment and make a profit.

As an invitee, you have the strongest legal protections. The venue owes you the highest level of care, which means they need to:

• Regularly check their property for hazards
• Fix dangerous conditions they find
• Warn you about dangers they can’t immediately fix
• Make sure their staff is properly trained
• Follow all applicable safety rules and industry standards

This is different from, say, a trespasser, who has very limited rights, or even a social guest at someone’s home, who falls into a middle category called a “licensee.”

The Standard of Care for Entertainment Venues

Entertainment venues can’t just meet the bare minimum safety requirements and call it good. Colorado courts have consistently said that these businesses must exercise what’s called “reasonable care under the circumstances.” For an amusement park or entertainment venue, this standard is pretty high.

What does reasonable care look like in practice? Well, it means:

Regular Safety Inspections: Rides and equipment should be checked daily, weekly, monthly, and yearly depending on the manufacturer’s recommendations and state rules. These aren’t just quick visual checks – we’re talking about detailed mechanical inspections by qualified technicians.

Proper Maintenance: When problems are found, they need to be fixed right away and correctly. Jury-rigging a solution or putting off repairs to save money isn’t okay.

Enough Staffing: There should be enough trained staff members to watch over activities, operate rides safely, and respond to emergencies. A 16-year-old summer employee running a complex ride with minimal training is a recipe for disaster.

Clear Safety Rules and Warnings: Guests need to understand the risks they’re taking and any safety requirements. This includes height limits, health warnings, and how they’re expected to behave.

Emergency Procedures: When something does go wrong, the venue should have clear steps in place to respond quickly and appropriately.

Common Types of Amusement Park Accidents

Let’s get real about what actually happens at these places. While most visits to entertainment venues are perfectly safe, accidents do occur, and they can range from minor bumps and bruises to life-changing injuries. Understanding the most common types of accidents can help you stay alert and know what to look for.

Mechanical Ride Problems

This is probably what most people think of first when they consider amusement park accidents – and for good reason. When a ride’s mechanical systems fail, the results can be awful.

I’ve seen cases involving everything from brake problems on roller coasters to restraint systems that didn’t lock properly. Sometimes it’s a huge breakdown that affects many riders, but more often it’s a smaller mechanical issue that causes one or two people to get hurt. Maybe a seat belt doesn’t click right, or a safety bar isn’t properly secured.

The scary thing about mechanical problems is that guests have absolutely no control over them. You can follow every safety rule perfectly and still get hurt if the ride itself acts up. That’s why the law places such a heavy burden on venue operators to keep their equipment in tip-top shape.

Operator Error and Not Enough Training

Here’s something that might surprise you: a huge percentage of amusement park accidents aren’t caused by mechanical problems at all. They’re caused by human mistakes, often by ride operators who haven’t been properly trained or who aren’t following established safety steps.

I’ve worked on cases where operators started rides before all passengers were properly secured, failed to check height requirements, or didn’t follow lockout procedures during maintenance. Sometimes it’s as simple as an operator who’s distracted or rushing because there’s a long line of impatient guests.

The problem is that many entertainment venues rely heavily on seasonal, part-time workers – often teenagers working their first jobs. There’s nothing wrong with young employees, but they need proper training and supervision. When venues cut corners on training to save money or get new hires working quickly, people get hurt.

Slip and Fall Incidents

Don’t underestimate slip and fall accidents at entertainment venues. These places are often crowded, with lots of spilled drinks, wet areas around water rides, and surfaces that can become slippery. Add in excited kids running around and adults who might not be watching where they’re going, and you’ve got a recipe for falls.

Water parks are particularly tricky. Wet surfaces are naturally slippery, but venues still need to take reasonable steps to prevent falls. This might mean using non-slip surfaces, making sure water drains well, posting warning signs, or having staff regularly check for and clean up dangerous conditions.

Indoor venues aren’t immune either. I’ve seen serious injuries from falls on stairs, in arcade areas, and even in restaurants within entertainment complexes. The main question is usually whether the venue knew or should have known about the dangerous condition and failed to fix it quickly.

Not Enough Security and Crowd Control

Large entertainment venues can become wild, especially during busy times. When venues don’t have enough security or crowd control measures, fights can break out, crowds can become dangerous, and people can get trampled or hurt in stampedes.

This is particularly worrying at venues that serve alcohol or at events that might attract rowdy crowds. Venues have a duty to keep things orderly and protect their guests from harm that they could have seen coming, caused by other patrons.

I’ve worked on cases where poor lighting in parking areas led to assaults, where overcrowded venues led to dangerous crushing situations, and where venues failed to remove obviously drunk or aggressive patrons who then hurt other guests.

Water-Related Accidents

Colorado has plenty of water parks and entertainment venues with pools, lazy rivers, and water slides. While these can be incredibly fun, they also come with unique risks.

Drowning is obviously the most serious worry, but it’s not the only one. I’ve seen injuries from:

• High-speed crashes on water slides
• Cuts from poorly maintained slide surfaces
• Head injuries from shallow pools
• Chemical burns from improperly balanced pool chemicals
• Slip and fall injuries on wet decks

The challenge with water-related accidents is that venues often try to blame the injured person, claiming they were acting recklessly or ignoring posted rules. While personal responsibility certainly matters, venues still have duties to design safe facilities and provide enough supervision.

Ride Safety Rules and Standards in Colorado

Colorado takes amusement ride safety seriously, and there’s a detailed set of rules designed to protect the public. Understanding these rules can help you know what to expect from venues and what might count as a violation that contributed to your injury.

State Inspection Requirements

The Colorado Department of Labor and Employment watches over amusement ride safety through its Division of Oil and Public Safety. Every amusement ride in the state must be inspected and certified before it can operate each season.

These inspections aren’t just paperwork exercises. Trained inspectors check:

• The strength of rides and supports
• Mechanical systems including brakes, motors, and control systems
• Safety devices and restraint systems
• Electrical systems and emergency stops
• Operator controls and safety features
• Maintenance records and logs

Rides that don’t pass inspection can’t operate until problems are fixed and re-inspected. The state keeps records of all inspections, violations, and fixes, which can be super valuable evidence in injury cases.

Federal Guidelines and Industry Standards

While Colorado handles most day-to-day regulation, federal agencies also play a part in ride safety. The Consumer Product Safety Commission (CPSC) has power over mobile rides that travel from place to place, and the Occupational Safety and Health Administration (OSHA) regulates workplace safety for employees.

Beyond government rules, the amusement industry has developed its own safety standards through groups like the International Association of Amusement Parks and Attractions (IAAPA) and ASTM International. These industry standards often go beyond minimum legal requirements and show the best ways to do things, developed by engineers and safety experts.

While these industry standards aren’t legally binding in the same way as government rules, they’re often used in court to figure out what counts as reasonable care. If a venue isn’t following widely accepted industry practices, that can be a sign of carelessness.

Manufacturer Requirements and Guidelines

Ride manufacturers provide detailed instructions for installing, operating, and maintaining their equipment. These aren’t suggestions – they’re requirements that venues must follow to operate safely and keep their insurance coverage.

Manufacturer guidelines typically cover:

• Daily, weekly, and monthly inspection steps
• Maintenance schedules and procedures
• Operator training requirements
• Capacity limits and how to run the ride
• Environmental restrictions (wind, temperature, etc.)
• Required safety equipment and procedures

When venues don’t follow manufacturer guidelines, they’re often setting themselves up for both accidents and responsibility. I’ve seen cases where venues changed rides without manufacturer approval, skipped required maintenance, or operated rides outside their designed limits.

Documentation and Record-Keeping Requirements

Colorado law requires amusement venues to keep detailed records of inspections, maintenance, incidents, and staff training. These records do a few things: they help make sure things are safe ongoing, show proof of following rules, and can be key evidence in injury cases.

Required paperwork usually includes:

• Daily inspection logs
• Maintenance records and work orders
• Staff training records and certifications
• Incident reports and accident logs
• Weather-related operational decisions
• Manufacturer communications and updates

When venues don’t keep proper records, it can be a sign of sloppy safety practices. On the flip side, well-kept records can sometimes help venues defend against injury claims by showing they followed proper steps.

Premises Liability at Entertainment Venues

While ride accidents get most of the attention, the majority of injuries at entertainment venues actually fall under general premises liability rules. This covers everything from slip and falls to not enough security to structural problems with buildings and walkways.

Property Maintenance Duties

Entertainment venues have huge properties with lots of different areas where guests spend time. Each of these areas comes with its own maintenance duties and potential dangers.

Walkways and Pathways: These need to be kept in good shape, clear of junk, and well-lit. Uneven pavement, potholes, or cracked sidewalks can cause serious falls, especially when people are distracted or carrying things like food and drinks.

Stairs and Railings: Stairs are naturally risky, and venues need to make sure they’re properly designed and maintained. This means good lighting, non-slip surfaces, handrails in good repair, and clear views. I’ve seen too many cases where someone fell down stairs because of poor lighting or broken handrails.

Restrooms and Food Service Areas: These areas get a lot of use and can become dangerous quickly. Wet floors, broken fixtures, and not enough cleaning can all lead to injuries. Venues need systems in place to check these areas often and fix problems fast.

Parking Areas: Don’t forget about the parking lot. Venues are responsible for keeping parking areas safe with good lighting, clear markings, and reasonable security. Potholes, not enough light, and lack of security can all create responsibility issues.

Weather-Related Hazards

Colorado weather can be unpredictable, and entertainment venues need to be ready for everything from sudden thunderstorms to icy conditions. Weather-related hazards are particularly tricky because they can pop up fast and affect large parts of a property.

Rain and Wet Conditions: When it rains, outdoor venues can get slippery quickly. Venues need steps for watching conditions, closing dangerous rides or areas, and giving warnings to guests. Indoor venues aren’t safe either – people track water inside, and wet floors can be just as dangerous.

Snow and Ice: Winter operations bring unique challenges. Venues need to have snow removal and ice treatment steps in place. They also need to think about whether certain rides or attractions should be closed during winter weather.

Wind: High winds can make some rides dangerous and can also create hazards from flying debris. Venues need weather monitoring systems and clear steps for when to shut down operations.

Lightning: Outdoor venues need lightning detection systems and clear evacuation plans. Getting guests to safety quickly when thunderstorms develop can literally be a matter of life and death.

Crowd Control and Capacity Management

Large entertainment venues can become dangerous when they’re too crowded or when crowds aren’t managed well. This is both a safety problem and a legal responsibility problem.

Venues need to have maximum capacity limits for different areas and overall facility occupancy. These limits aren’t just made up – they’re based on fire codes, emergency exit requirements, and safety considerations. When venues go over these limits, they’re putting guests at risk and possibly breaking multiple rules.

Crowd control also means having enough staff to manage lines, direct foot traffic, and respond to problems. During busy times or special events, venues may need extra security people and crowd management steps.

Security Duties

Entertainment venues can’t promise that nothing bad will ever happen on their property, but they do have duties to provide reasonable security based on what they do and the risks they could foresee.

Enough Lighting: Poor lighting in parking areas, walkways, and secluded parts of the property can create chances for crime and make it hard for guests to avoid dangers.

Security Personnel: Depending on the size and type of venue, security guards may be necessary to deter crime, manage crowds, and respond to incidents.

Access Control: Venues need to control who can get into restricted areas like ride control rooms, maintenance areas, and employee-only zones.

Background Checks: Employees who work with children or in positions of trust should have proper background checks.

The key legal standard is “foreseeability.” If crimes or security incidents are predictable based on the location, type of people who visit, or past incidents, venues have a stronger duty to take preventive steps.

Filing a Personal Injury Claim: What You Need to Know

If you or a loved one has been hurt at an entertainment venue, you might be wondering what your legal choices are and how the claims process works. Let me walk you through what you can expect and what steps you should take to protect your rights.

Immediate Steps After an Incident

The first few hours and days after an accident are super important for both your health and your legal case. Here’s what you should do:

Get Medical Attention: This is always the top priority. Even if you don’t think you’re seriously hurt, get checked out. Adrenaline and shock can hide injuries, and some problems like concussions or internal injuries might not be obvious right away.

Report the Incident: Make sure the venue creates an official incident report. Don’t just tell a ride operator or security guard – insist on speaking with management and getting a copy of any report they create. Be factual but don’t guess about causes or accept blame.

Gather Evidence: If you’re able to do so safely, take photos of the scene, the equipment involved, and any visible injuries. Get contact information from witnesses – other guests often see things that venue employees might miss or prefer not to acknowledge.

Hold onto Physical Evidence: Keep any damaged clothing, personal items, or other physical evidence. Don’t wash blood out of clothes or fix damaged items until you’ve talked with an attorney.

Write Everything Down: Start keeping records of all medical treatment, expenses, lost work time, and how the injury affects your daily life. This documentation will be valuable later.

Understanding Colorado’s Statute of Limitations

In Colorado, you generally have two years from the date of your injury to file a personal injury lawsuit. This might sound like plenty of time, but it’s not. Building a strong case takes time, and you don’t want to be rushed as the deadline gets close.

There are some exceptions to the two-year rule. For example, if the injured person is a minor, the clock might not start ticking until they turn 18. If the injury wasn’t discovered right away, the clock might start when the injury was found instead of when it happened.

Here’s the important thing to understand: even if you think you might want to settle your case without going to court, you still need to be aware of the statute of limitations. Insurance companies know about these deadlines, and they might delay settlement talks hoping you’ll miss the deadline and lose your right to sue.

The Role of Insurance Companies

When you’re hurt at an entertainment venue, you’re not really dealing with the venue itself – you’re dealing with their insurance company. Understanding how insurance companies approach these claims can help you avoid common traps.

The Adjuster’s Job: The insurance adjuster assigned to your case seems nice and helpful, but remember – their job is to save their company money by paying as little as possible on your claim. They’re not on your side, and they’re not looking out for your best interests.

Quick Settlement Offers: Don’t be surprised if the insurance company makes a quick settlement offer, especially if your injuries seem minor. These early offers are almost always far less than your claim is actually worth. Once you accept a settlement, you typically can’t come back later for more money, even if your injuries turn out to be worse than you first thought.

Recorded Statements: The insurance company will probably ask you to give a recorded statement about the accident. You’re not legally required to do this, and it’s usually not in your best interest. Insurance companies use these statements to try to get you to say something that hurts your claim.

Medical Records Requests: The insurance company will want access to your medical records, often going back years before your accident. They’re looking for pre-existing conditions or other issues they can use to argue that your current problems aren’t related to the accident.

Figuring Out What Your Case Is Worth in Entertainment Venue Cases

Understanding how what you’re owed is figured out can help you evaluate settlement offers and understand what your case might be worth. In Colorado, you can potentially recover both economic and non-economic damages.

Economic Damages are the out-of-pocket costs and financial losses caused by your injury:

• Medical expenses (past and future)
• Lost wages and earning capacity
• Property damage
• Transportation costs for medical treatment
• Home care or assistance services

Non-Economic Damages pay you back for the less tangible impacts of your injury:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disability and disfigurement
• Loss of consortium (impact on your relationship with your spouse)

Colorado used to have limits on non-economic damages, but the state Supreme Court struck down most of these limits in recent years. This means that juries can now award whatever amount they think is fair for pain and suffering, which can significantly increase the value of serious injury cases.

The Discovery Process

If your case doesn’t settle and moves forward to a lawsuit, you’ll go through a process called “discovery,” where both sides gather evidence and information about the case.

Document Requests: Your attorney will ask for copies of the venue’s maintenance records, inspection reports, incident logs, employee training records, and other important documents. These records often show safety violations or patterns of problems that support your case.

Depositions: Key witnesses, including venue employees and experts, will be questioned under oath. This includes you – you’ll likely be questioned about the accident and your injuries.

Expert Witnesses: Complex cases often need expert testimony. This might include engineers who can analyze ride failures, safety experts who can spot code violations, medical experts who can explain your injuries, or economists who can figure out future financial losses.

Site Inspections: Your attorney and their experts may need to check out the accident scene, examine equipment, or test conditions at the venue.

The discovery process can take months or even years, but it’s often where cases are won or lost. Good attorneys know how to dig up evidence that venues would prefer to keep hidden.

Working with McCormick & Murphy, P.C.

When you’re dealing with a serious injury from an entertainment venue accident, you need attorneys who understand both the legal ins and outs and the human side of these cases. At McCormick & Murphy, P.C., we’ve been helping Denver families sort through these tough situations for nearly three decades.

Our Experience with Entertainment Venue Cases

Kirk McCormick and Jay Murphy have been handling personal injury cases since 1990, and we’ve seen just about every type of entertainment venue accident you can imagine. We understand how these businesses operate, what safety standards they should be following, and where to look for evidence when something goes wrong.

What makes us different is how well we understand both the legal and practical parts of these cases. We know which experts to call, which documents to ask for, and how to build strong cases that get results for our clients. We also understand the insurance industry inside and out – after handling thousands of personal injury cases, we know their tricks and how to counter them effectively.

Our Approach to Client Service

Here’s something you should know about us: we don’t take on more cases than we can handle properly. When you work with McCormick & Murphy, you’re not just another file number. You’ll work directly with Kirk or Jay, not just with paralegals or junior associates.

We believe in keeping our clients informed throughout the process. Legal cases can be confusing and stressful, especially when you’re dealing with injuries and trying to get your life back on track. We’ll explain what’s happening in plain English, return your phone calls quickly, and make sure you understand your options at every step.

You can find us at our office location in Denver’s Gaylord neighborhood, and we’re always available to discuss your case at (720) 782-8595.

Contingent Fee Representation

One of the biggest worries people have about hiring an attorney is cost. You’re already dealing with medical bills and lost wages – how can you afford legal fees on top of everything else?

Here’s the good news: we handle most personal injury cases on a contingent fee basis. This means you don’t pay attorney fees unless we get money for you through a settlement or trial verdict. If we don’t win your case, you don’t owe us any attorney fees.

This setup means our goals are aligned with yours. We only get paid if we get results, which means we’re motivated to work hard on your case and get the best possible outcome. It also means that people who couldn’t otherwise afford experienced legal help can still get quality help when they need it most.

Building Strong Cases Through Thorough Investigation

Entertainment venue cases often come down to evidence – and a lot of that evidence is in the hands of the venue and their insurance company. They’re not going to voluntarily hand over documents that make them look bad, which is why you need attorneys who know how to dig for the truth.

We work with a network of experts including engineers, safety consultants, accident reconstruction specialists, and medical professionals. These experts can analyze what went wrong, whether safety standards were followed, and how the accident could have been prevented.

We also know how to present complex technical information in ways that judges and juries can understand. It’s not enough to prove that a venue was careless – we need to tell your story in a way that truly connects with people, helping decision-makers understand the real impact the accident has had on your life.

Our Track Record and Professional Recognition

Over our decades of practice, we’ve recovered millions of dollars for injured clients throughout Colorado. While we can’t promise specific results in any case, our track record shows our ability to get meaningful money for people who’ve been hurt through no fault of their own.

You can learn more about our professional credentials and client reviews through our professional services profile, where you’ll see feedback from real clients who’ve worked with us on personal injury cases.

We’re allowed to practice in Colorado state and federal courts, as well as courts throughout the United States. This broad permission allows us to handle cases wherever they need to be filed and ensures we can represent clients effectively no matter where their case ends up.

Prevention Tips for Families

While we can’t get rid of all risks at entertainment venues, there are steps you can take to lessen the chances of accidents and protect your family during visits. Think of these as common-sense precautions that can help you enjoy your day while staying safe.

Before You Visit

Research the Venue: Not all entertainment venues are created equal. Before visiting a new place, do a little homework. Check online reviews, but pay particular attention to comments about safety, cleanliness, and staff professionalism. If multiple reviewers mention safety concerns, that’s a red flag.

Check Weather Conditions: Colorado weather can change quickly, and many outdoor venues have weather-related restrictions. Check the forecast before you go, and be prepared for conditions to change during your visit.

Review Height and Health Restrictions: Most rides have height, weight, or health restrictions for good reasons. Review these requirements ahead of time so you’re not disappointed – or tempted to bend the rules – when you arrive.

Plan for Crowds: Busy times can be more dangerous due to crowded conditions and rushed operations. If possible, visit during off-peak hours when staff can take more time with safety procedures and you have more room to move around safely.

During Your Visit

Pay Attention to Safety Briefings: I know it’s tempting to tune out safety presentations, especially if you’ve heard them before, but listen carefully. Rules and procedures can change, and the information might be different from your last visit.

Trust Your Instincts: If something doesn’t look right or feel safe, don’t do it. This goes for rides that seem poorly maintained, operators who appear distracted or not trained enough, or situations that just give you a bad feeling.

Follow All Posted Rules and Restrictions: Those height requirements and behavioral rules aren’t suggestions – they’re safety requirements based on engineering and accident data. Don’t try to sneak a too-short child onto a ride or ignore posted restrictions.

Stay Alert in Crowded Areas: Keep your group together and be aware of your surroundings, especially in crowded areas like food courts, restrooms, and popular attractions. Crowds can become dangerous quickly if people panic or if there’s an emergency.

Take Breaks: Fatigue leads to poor decision-making and accidents. Take regular breaks, stay hydrated, and don’t try to pack too much into one day.

Red Flags to Watch For

Not Enough Staffing: If rides are operating with minimal supervision, if staff members seem overwhelmed or undertrained, or if you see teenagers operating complex rides without adult supervision, be cautious.

Poor Maintenance: Visible rust, worn surfaces, loose bolts, or equipment that doesn’t look well-maintained are all warning signs. Trust your eyes – if something looks unsafe, it probably is.

Rushed Operations: If operators are rushing through safety checks, not properly securing restraints, or starting rides before all passengers are ready, that’s a serious safety concern.

Ignored Safety Violations: If you see other guests breaking safety rules and staff members aren’t addressing the problems, that suggests a poor safety culture and supervision.

Overcrowding: If the venue is so crowded that people can’t move safely or staff can’t properly supervise activities, consider leaving and coming back another time.

Teaching Kids About Safety

Age-Appropriate Discussions: Talk to your kids about safety in ways they can understand. Young children need simple, clear rules (“Always wait for the operator to say it’s okay” or “Hold the handrail on stairs”). Older kids can understand more complex safety ideas and take more responsibility for their own safety.

Model Good Behavior: Kids learn more from what they see than what they hear. If you follow safety rules and take precautions seriously, they’re more likely to do the same.

Establish Meeting Points: In case someone gets separated from the group, set up clear meeting points and make sure everyone knows what to do if they can’t find the rest of the family.

Emergency Planning: Make sure older children know basic information like parents’ cell phone numbers and what to do in case of an emergency.

The Future of Entertainment Venue Safety

The entertainment industry keeps changing, and so do safety standards and responsibility issues. Understanding these trends can help you make smart decisions about where to take your family and what to expect from venue operators.

Tech Advances in Safety

Better Ride Design: Modern rides have safety features that weren’t available even a decade ago. Computer-controlled block zones prevent collisions, advanced restraint systems adapt to different body types, and sensor systems can detect problems before they become dangerous.

Real-Time Monitoring: Many venues now use clever monitoring systems that track ride performance, weather conditions, and crowd levels in real-time. These systems can automatically shut down rides when conditions become unsafe or alert operators to potential problems.

Improved Training Tools: Virtual reality and computer-based training programs allow staff to practice handling emergency situations and learn proper steps in realistic but safe environments.

Better Communication Systems: Modern communication systems allow staff throughout a venue to work together more effectively and respond more quickly to emergencies or safety concerns.

Rules Keep Changing

Stricter Inspection Requirements: States are generally moving toward more frequent inspections and higher standards for ride operators. Colorado has made its inspection program stronger several times in recent years, and this trend is likely to keep going.

National Standards: There’s ongoing talk about creating national safety standards for amusement rides, rather than leaving regulation entirely to individual states. This could lead to more consistent safety requirements across the country.

Data Sharing: Better systems for sharing safety data and incident information between venues, manufacturers, and regulators could help spot problems more quickly and prevent accidents.

Industry Best Practices

Safety Culture: The best entertainment venues are going beyond just meeting minimum legal requirements to creating environments where safety is truly the top priority. This means giving employees the power to stop operations when they see problems, investing in ongoing training, and regularly reviewing and updating safety steps.

Preventive Maintenance: Rather than just fixing things when they break, leading venues are using predictive maintenance programs that use data analysis to spot potential problems before they cause accidents.

Guest Education: Venues are getting better at teaching guests about safety requirements and risks. This includes clearer signs, better safety presentations, and staff who are trained to talk effectively with guests about safety issues.

New Responsibility Issues

New Types of Attractions: As entertainment venues add new types of attractions – virtual reality experiences, extreme sports activities, interactive gaming – new responsibility issues pop up. Courts and lawmakers are still figuring out how traditional responsibility rules apply to these new activities.

Social Media and Documentation: The common use of smartphones and social media means that accidents and safety violations are more likely to be recorded and shared publicly. This can be valuable evidence in injury cases, but it also means venues face more public scrutiny of their safety practices.

Changing Demographics: As the population gets older and people with disabilities look for more entertainment options, venues need to adjust their safety procedures and accessibility features. This creates both opportunities and potential responsibility issues.

Specific Venue Types and Their Unique Risks

Different types of entertainment venues come with different risks and responsibility issues. Understanding these differences can help you make smart choices about where to spend your time and what precautions to take.

Traditional Amusement Parks

Places like Elitch Gardens are the classic amusement park experience, with roller coasters, spinning rides, and carnival-style attractions. These venues usually have the most thorough safety rules and inspection requirements, but they also have some of the highest-risk activities.

Unique Risks: High-speed rides, significant heights, complex mechanical systems, and large crowds create multiple chances for serious accidents. Weather can also be a big factor for outdoor parks.

Safety Standards: These venues are subject to strict state inspections and typically follow tough industry standards. However, the complexity of the rides and the sheer number of guests mean that even small oversights can have serious consequences.

Responsibility Considerations: Because traditional amusement parks have well-established safety standards and regulatory oversight, responsibility cases often focus on whether the venue followed proper steps and kept equipment maintained according to manufacturer instructions.

Water Parks and Aquatic Centers

Water-based entertainment venues bring unique challenges because water activities are naturally risky, and wet surfaces create slip hazards throughout the facility.

Drowning Risks: Even strong swimmers can get into trouble in wave pools, lazy rivers, or after going down high-speed water slides. Venues need enough lifeguard coverage and clear emergency procedures.

Chemical Hazards: Pool chemicals can cause burns or breathing problems if not managed correctly. Venues need to keep proper chemical balance and have steps for handling chemical accidents.

Slip and Fall Hazards: Wet surfaces are everywhere in water parks, but venues still need to use appropriate non-slip surfaces, provide good drainage, and keep things tidy.

Ride-Specific Risks: Water slides can cause injuries from high-speed impacts, cuts from rough surfaces, or accidents when multiple riders crash. Tube rides can cause injuries when riders are thrown out or when tubes flip over.

Indoor Entertainment Centers

Places like Dave & Buster’s, indoor trampoline parks, laser tag centers, and arcade complexes have become super popular, especially during Colorado’s colder months.

Trampoline Parks: These have exploded in popularity but also in injury rates. Common injuries include broken bones, sprains, and head injuries from collisions or awkward landings. Many facilities now require safety waivers, but these don’t eliminate the venue’s responsibility for carelessness.

Arcade and Gaming Areas: While generally lower-risk, these areas can still have dangers like poorly maintained equipment, tripping hazards from cables and cords, or injuries from malfunctioning games.

Food Service Areas: Many indoor entertainment centers serve food and alcohol, which creates extra slip and fall risks and potential responsibility issues related to over-serving drunk guests.

Laser Tag and Active Gaming: These activities involve running around in dark or dimly lit areas, which can lead to collisions, falls, or other injuries if the facility isn’t properly designed and maintained.

Seasonal and Temporary Attractions

Colorado hosts many seasonal attractions like haunted houses, holiday light displays, pumpkin patches, and traveling carnivals. These bring unique responsibility challenges.

Limited Operating Seasons: Because these attractions operate for short periods, they may not have the same level of regulatory oversight as permanent facilities. Temporary structures and equipment may not be subject to the same inspection requirements.

Traveling Attractions: Carnivals and traveling rides are often subject to federal rather than state regulation. They may not be as well-maintained as permanent installations, and operators may be less familiar with local conditions and requirements.

Haunted Attractions: These deliberately try to scare guests, which can lead to injuries when people panic, run into things, or have medical issues. The intentional creation of frightening conditions creates unique responsibility questions.

Weather Exposure: Many seasonal attractions are outdoors and may not have enough shelter or steps for dealing with sudden weather changes.

Sports and Recreation Venues

Venues like bowling alleys, miniature golf courses, go-kart tracks, and batting cages each have their own specific risks and safety requirements.

Go-Kart Tracks: These involve motorized vehicles and can result in serious injuries from collisions or mechanical problems. Proper track design, vehicle maintenance, and safety equipment are super important.

Bowling Alleys: Slip and fall injuries are common due to the special shoes and lane conditions. Equipment-related injuries can occur from poorly maintained balls or pins.

Batting Cages: Errant balls and malfunctioning pitching machines can cause serious head injuries and broken bones. Proper netting, helmet requirements, and machine maintenance are essential.

Miniature Golf: While generally low-risk, poorly maintained courses can have tripping hazards, and decorative elements can create unexpected dangers.

Insurance and Liability Waivers: What You Need to Know

When you visit entertainment venues, you’ll often run into liability waivers and various insurance-related issues. Understanding these can help protect your rights and avoid common problems.

Understanding Liability Waivers

Almost every entertainment venue will ask you to sign some form of liability waiver or release. These documents are designed to limit the venue’s responsibility if you’re hurt, but they’re not foolproof shields that prevent all lawsuits.

What Waivers Can and Can’t Do: In Colorado, liability waivers can be enforceable, but only under certain conditions. They must be clearly written, easy to see, and specifically describe the risks involved. Most importantly, waivers generally can’t protect venues from responsibility for their own carelessness or gross carelessness.

The “Ordinary Negligence” Exception: Colorado law allows venues to waive responsibility for some types of ordinary carelessness, but not for gross carelessness, intentional bad behavior, or breaking safety laws. If a venue fails to follow basic safety procedures or ignores known dangers, a waiver probably won’t protect them.

Minors and Waivers: Parents can sign waivers on behalf of their minor children, and these are generally enforceable in Colorado. However, the same limits apply – waivers won’t protect venues from responsibility for gross carelessness or safety violations.

Reading the Fine Print: Most people don’t read liability waivers carefully, but you should at least understand what you’re signing. Look for language that describes the specific activities and risks involved. Be wary of overly broad waivers that try to waive responsibility for everything, including things unrelated to the activity.

When Waivers Don’t Apply

There are several situations where liability waivers won’t protect entertainment venues from injury claims:

Gross Negligence: If a venue’s conduct goes beyond ordinary carelessness and reaches the level of gross negligence, waivers typically won’t apply. This might include operating rides with known mechanical problems, ignoring safety rules, or failing to provide enough supervision.

Statutory Violations: Waivers generally can’t excuse breaking safety laws or rules. If a venue breaks state inspection requirements or fails to follow mandatory safety procedures, they can still be responsible despite a signed waiver.

Intentional Misconduct: Waivers don’t protect venues from intentional wrongdoing by their employees or agents.

Activities Not Covered: Waivers only apply to the specific activities they describe. If you’re injured doing something not covered by the waiver, or in an area not covered by the agreement, the waiver may not apply.

Defective Waivers: Waivers that are unclear, hidden in other documents, or not properly shown to guests may not be enforceable.

Insurance Coverage Issues

Understanding how insurance works in entertainment venue cases can help you understand the claims process and what to expect.

Commercial General Liability: Most entertainment venues carry commercial general liability insurance that covers injuries to guests. This insurance typically covers both legal defense costs and money paid to injured parties.

Product Liability Coverage: For ride-related injuries, there may be separate product liability coverage that applies to defects in rides or equipment. This can involve the venue’s insurance, the manufacturer’s insurance, or both.

Umbrella Policies: Large entertainment venues often carry umbrella policies that provide extra coverage above their basic responsibility limits. This can be important in cases involving serious injuries with high payouts.

Self-Insurance: Some large entertainment companies handle smaller claims themselves and only carry insurance for huge losses. This can affect how claims are handled and negotiated.

Your Own Insurance Coverage

Don’t forget about your own insurance coverage, which might provide benefits no matter who was at fault for your injury.

Health Insurance: Your health insurance should cover medical treatment for injuries, subject to your deductibles and co-pays. This can be important for getting immediate treatment while responsibility issues are being sorted out.

Disability Insurance: If your injuries prevent you from working, short-term or long-term disability insurance through your employer or private policies might provide income replacement.

Personal Injury Protection (PIP): If you have PIP coverage on your auto insurance policy, it might cover some medical expenses and lost wages from injuries that happen anywhere, not just in car accidents.

Homeowner’s or Renter’s Insurance: These policies sometimes include personal responsibility coverage that might apply in certain situations.

Dealing with Multiple Insurance Companies

In complex entertainment venue cases, you might be dealing with multiple insurance companies representing different parties. This can make the claims process more complicated but also potentially more favorable for injured parties.

Venue Insurance: The entertainment venue’s insurance will be the main coverage for most premises liability claims.

Manufacturer Insurance: If a ride or equipment defect contributed to your injury, the manufacturer’s insurance might also be involved.

Contractor Insurance: If the injury was caused by maintenance work, construction, or other contractor activities, additional insurance policies might apply.

Coordination of Coverage: When multiple insurance policies are involved, there can be disagreements about which company is primarily responsible and which provides extra coverage. These disputes can delay claim resolution but can also increase the total coverage available for serious injuries.

Working Through the Legal Process

If you decide to pursue a legal claim for injuries suffered at an entertainment venue, it’s helpful to understand what the process involves and what you can expect along the way.

Initial Case Evaluation

The first step in any potential legal case is a careful look at what happened and whether you have a viable claim. This involves several key questions:

Was There Carelessness?: We need to figure out whether the entertainment venue failed to meet its duty of care. This might involve breaking safety rules, not enough maintenance, poor staff training, or failing to warn about known dangers.

Causation: Even if the venue was careless, we need to prove that their carelessness actually caused your injury. Sometimes accidents happen despite reasonable safety steps, and sometimes injuries are caused by things unrelated to venue carelessness.

Damages: You need to have suffered actual losses to have a viable claim. This includes medical expenses, lost wages, pain and suffering, and other losses directly related to your injury.

Comparative Fault: Colorado follows a comparative fault system, which means your compensation can be reduced if you played a part in your own injury. We need to figure out whether you bear any responsibility for what happened.

Investigation and Evidence Gathering

Building a strong case needs a thorough investigation and gathering of evidence. This process often reveals information that wasn’t obvious right after the accident.

Scene Investigation: We’ll examine the accident location, take photos, and document conditions. For ride accidents, this might involve detailed technical inspections by qualified engineers.

Document Collection: We’ll ask for maintenance records, inspection reports, employee training records, incident logs, and other documents from the venue. These often show patterns of problems or proof of carelessness.

Witness Interviews: We’ll talk to witnesses to the accident, including other guests, employees, and anyone else who saw what happened. Witness testimony can be super important for figuring out how the accident happened.

Expert Analysis: Complex cases often need expert testimony from engineers, safety consultants, medical professionals, or other specialists who can explain technical issues to judges and juries.

Surveillance Footage: Many entertainment venues have extensive security camera systems that might have caught your accident. We’ll work to save and get any relevant footage before it’s destroyed or recorded over.

Medical Documentation and Treatment

Your medical treatment and documentation will be central to your case, both for proving your injuries and showing how much you’ve lost.

Follow Treatment Recommendations: It’s important to follow your doctors’ treatment recommendations and go to all scheduled appointments. Insurance companies will argue that you’re not seriously injured if you’re not consistently seeking treatment.

Write Everything Down: Keep detailed records of all medical appointments, treatments, medications, and how your injuries affect your daily life. This documentation will be valuable for proving what you’re owed.

Be Honest About Pre-Existing Conditions: If you had any health problems before your accident, be honest about them with both your doctors and your attorney. Trying to hide pre-existing conditions will only hurt your case if they’re found later.

Think About Future Treatment Needs: Some injuries need ongoing treatment or may lead to future problems. Make sure your medical providers document any expected future treatment needs or potential long-term effects.

Settlement Negotiations

Most personal injury cases settle out of court, but reaching a fair settlement needs skillful negotiation and thorough case preparation.

Initial Demand: We’ll prepare a detailed demand package that lays out the facts of your case, the evidence of carelessness, and a complete accounting of your losses. This serves as the starting point for settlement talks.

Back-and-Forth Process: Settlement negotiations typically involve multiple rounds of offers and counteroffers. This process can take weeks or months, depending on how complex the case is and how reasonable the parties involved are.

Timing Considerations: There are smart ways to think about when to start settlement talks. Sometimes it’s better to wait until you’ve finished medical treatment and know the full extent of your injuries. Other times, early negotiation might be better.

Mediation: Many cases involve formal mediation, where a neutral mediator helps facilitate settlement discussions between the parties. Mediation can be an effective way to resolve cases without the time and expense of a trial.

Trial Preparation and Process

If settlement negotiations don’t work out, your case will go to trial. While this happens less often than settlement, it’s important to understand the trial process.

Discovery Completion: Before trial, both sides finish the formal discovery process, including questioning under oath, producing documents, and disclosing expert witnesses.

Pre-Trial Motions: There may be various legal requests filed before trial, including requests to exclude certain evidence or to resolve legal issues that could affect the trial.

Jury Selection: For cases tried to a jury, the first step is picking jurors who can fairly evaluate the evidence and make an unbiased decision.

Presentation of Evidence: Each side presents their evidence through witness testimony, expert opinions, documents, and other exhibits. The presentation must tell a clear, relatable story about what happened and why the defendant should be held responsible.

Jury Deliberation and Verdict: After both sides present their cases and make closing arguments, the jury discusses and makes a decision on both responsibility and losses.

Post-Trial Considerations

Even after a trial decision, the legal process might not be over.

Appeals: Either side might appeal the trial court’s decision if they believe legal errors were made during the trial.

Collection: If you win a judgment, you still need to collect the money. This is usually straightforward if the defendant has enough insurance, but can be more complicated in other situations.

Liens and Subrogation: Various parties might have claims against your recovery, including health insurance companies, disability insurers, or government benefits programs that paid for your medical treatment.

Special Things to Think About for Different Types of Injuries

The type and how bad your injury is can really affect both the legal and practical sides of your case. Different injuries bring different challenges and opportunities in entertainment venue responsibility cases.

Traumatic Brain Injuries

Head injuries are sadly common in entertainment venue accidents, whether from ride problems, falls, or collisions. These injuries can be particularly tough because their full impact might not be obvious right away.

Immediate vs. Long-Term Effects: Some brain injuries cause obvious immediate symptoms like losing consciousness or severe confusion. Others, especially mild traumatic brain injuries or concussions, might not be apparent right away. Symptoms like headaches, memory problems, difficulty concentrating, or personality changes might not show up for days or weeks after the accident.

Diagnostic Challenges: Brain injuries can be hard to diagnose, especially mild ones that don’t show up clearly on CT scans or MRIs. This can make it challenging to prove how bad your injury is and its connection to the accident.

Long-Term Implications: Serious brain injuries can affect every part of your life, from your ability to work and earn a living to your relationships with family and friends. These cases often need expert testimony from neurologists, neuropsychologists, and life care planners to fully document the impact.

Special Damages Considerations: Brain injury cases often involve significant future medical expenses, ongoing rehabilitation costs, and substantial lost earning ability. The financial losses in these cases can be huge, making thorough documentation and expert analysis super important.

If you’re dealing with potential brain injury symptoms after an entertainment venue accident, you might find our article on post-concussion syndrome helpful for understanding what you might be experiencing.

Spinal Cord Injuries

Spinal cord injuries from entertainment venue accidents can range from temporary back pain to permanent paralysis. How bad these injuries are often depends on the specific spot and extent of the spinal cord damage.

Complete vs. Incomplete Injuries: Complete spinal cord injuries result in total loss of feeling and movement below the injury site. Incomplete injuries allow some feeling or movement to remain. The difference is key for both medical treatment and legal payouts.

Levels of Injury: The higher up the spinal cord the injury happens, the worse the effects. Neck injuries can cause quadriplegia, while lower back injuries might cause paraplegia or less severe effects.

Immediate and Long-Term Care: Spinal cord injuries often need immediate emergency surgery followed by extensive rehabilitation. Long-term care might include physical therapy, occupational therapy, assistive devices, home changes, and ongoing medical checks.

Life Care Planning: These cases typically need detailed life care plans that outline all future medical and care needs over the injured person’s lifetime. These plans can run into millions of dollars for severe injuries.

Broken Bones and Orthopedic Injuries

While broken bones might seem simple compared to brain or spinal injuries, they can still result in significant losses, especially if they heal improperly or cause long-term problems.

Simple vs. Complex Fractures: Simple fractures that heal properly might result in relatively small losses. Complex fractures that need surgery, multiple procedures, or result in permanent limitations can be worth a lot more.

Joint Injuries: Injuries to major joints like knees, shoulders, or hips often need surgical repair and can result in permanent limitations or early arthritis. These injuries can be particularly significant for active people or those whose jobs need physical activity.

Growth Plate Injuries in Children: When children suffer breaks near growth plates, there’s a risk of future growth problems or deformities. These cases need ongoing monitoring and might not be fully healed for years.

Return to Activities: For active individuals, not being able to do sports or fun activities they previously enjoyed can be a big part of what they’re owed, even if they can go back to work normally.

Psychological Trauma and PTSD

Entertainment venue accidents can cause significant psychological trauma, even when physical injuries are relatively minor. This is especially true for accidents involving rides, water attractions, or situations where victims felt helpless or in mortal danger.

Post-Traumatic Stress Disorder: PTSD can develop after any traumatic event, including amusement park accidents. Symptoms might include nightmares, flashbacks, avoiding similar situations, anxiety, and depression.

Impact on Daily Life: Psychological injuries can affect every part of a person’s life, from their ability to work and keep relationships to their enjoyment of activities they used to love.

Treatment and Recovery: Psychological injuries often need ongoing therapy, medication, and other treatment. Unlike broken bones that heal in a predictable timeframe, psychological recovery can take years and might never be complete.

Proving Psychological Damages: These injuries can be tough to prove because they’re not visible and might not have clear diagnostic tests. Expert testimony from psychiatrists or psychologists is often necessary.

Our article on navigating life post-collision and the possibility of PTSD provides additional information about dealing with psychological trauma after accidents.

Burns and Scarring

Entertainment venues can cause burn injuries in various ways, from chemical exposure at water parks to friction burns from rides or hot surfaces at food service areas.

Types of Burns: Chemical burns from pool chemicals, thermal burns from hot surfaces or food, and friction burns from rides or rough surfaces all need different treatment approaches and have different long-term implications.

Scarring and Disfigurement: Burns often result in permanent scarring, which can be particularly significant if the scars are in visible areas. The psychological impact of scarring can be as significant as the physical effects.

Reconstructive Surgery: Severe burns might need multiple reconstructive surgeries over many years. These procedures are expensive and often don’t fully restore normal appearance or function.

Infection Risks: Burns create risks for serious infections, which can make treatment and recovery harder. In severe cases, infections can be life-threatening.

Drowning and Near-Drowning

Water-related entertainment venues come with risks of drowning and near-drowning incidents, which can have devastating consequences.

Survival vs. Fatality: Obviously, drowning deaths are the most serious outcome, but near-drowning can also cause severe brain damage due to lack of oxygen.

Brain Damage from Oxygen Deprivation: Even brief periods without oxygen can cause permanent brain damage. How bad the damage is often depends on how quickly the victim is rescued and resuscitated.

Wrongful Death Claims: When drowning results in death, family members might have wrongful death claims that can include funeral expenses, lost earnings, and money for the loss of companionship and support.

Supervision Issues: Many drowning cases involve questions about whether there were enough lifeguards, proper supervision, and whether safety equipment was easily available and working.

Understanding Comparative Fault in Colorado

Colorado’s comparative fault system is something every injured person needs to understand because it can really affect the amount of money you receive. Let me break down how this works and what it means for your case.

How Comparative Fault Works

Under Colorado law, if you’re partly at fault for your own injury, your compensation will be reduced by the percentage of fault given to you. However, you can still get money as long as you’re not more than 50% at fault.

Here’s how it works in practice: Let’s say you’re hurt at an entertainment venue and a jury decides your total losses are $100,000. If the jury finds you were 20% at fault for your injury and the venue was 80% at fault, you’d receive $80,000 (your losses reduced by your 20% share of fault).

But here’s the important part: if you’re found to be 51% or more at fault, you get nothing. This “51% rule” means that even if the venue was very careless, you won’t get anything if your own actions were the main cause of your injury.

Common Comparative Fault Arguments

Insurance companies and defense attorneys will look for any way to shift blame to you, even in cases where the venue’s carelessness is clear. Here are some common arguments they make:

Ignoring Safety Rules: They’ll argue that you ignored posted warnings, height limits, or safety instructions. This is why it’s so important to follow all posted rules, even if they seem overly cautious or unnecessary.

Intoxication: If you were drinking alcohol before your accident, they’ll argue that being drunk played a part in your injury. Even if you weren’t legally drunk, any alcohol consumption can be used against you.

Distraction: They might argue that you were distracted by your phone, talking to friends, or not paying attention to your surroundings when the accident happened.

Pre-Existing Conditions: While pre-existing medical conditions don’t necessarily make you at fault, defense attorneys might argue that your condition made you more likely to get hurt or that you should have avoided certain activities.

Assumption of Risk: They’ll argue that you knew the activity was dangerous and chose to participate anyway. This is different from comparative fault but can be used to reduce or eliminate what you get.

Protecting Yourself from Fault Arguments

Understanding how comparative fault works can help you protect yourself both before and after an accident:

Follow All Safety Rules: Always stick to posted restrictions, safety instructions, and staff directions. Even if rules seem silly or overly cautious, following them protects both your safety and your legal rights.

Avoid Alcohol: If you’re planning to go on rides or do activities, don’t drink alcohol. Even small amounts can be used against you if you’re hurt.

Pay Attention: Stay alert and focused on your surroundings. Don’t use your phone while doing activities or walking in potentially dangerous areas.

Ask Questions: If you’re unsure about safety requirements or how to use equipment properly, ask venue staff for clarification. Their answers can sometimes be used as evidence that you were following proper steps.

Document Your Actions: If possible, have witnesses who can say that you were following safety rules and acting reasonably at the time of your accident.

How Attorneys Handle Comparative Fault

Experienced personal injury attorneys know how to minimize comparative fault arguments and protect their clients’ interests:

Early Investigation: We gather evidence quickly to document what actually happened and save witness testimony that supports your side of the story.

Expert Analysis: Safety experts can analyze the accident scene and circumstances to explain why the venue’s carelessness was the main cause of your injury.

Medical Evidence: Medical experts can explain how your injuries fit with the type of accident that happened, countering arguments that pre-existing conditions were the real cause.

Witness Preparation: We prepare witnesses to testify clearly and accurately about what they saw, focusing on facts that support your case and counter fault arguments.

Settlement Strategy: Understanding potential comparative fault issues helps us evaluate settlement offers realistically and negotiate more effectively with insurance companies.

Special Considerations for Children

When children are hurt at entertainment venues, comparative fault analysis can be more complicated:

Age and Capacity: Very young children generally can’t be found comparatively at fault because they don’t understand risks and can’t make reasonable decisions.

Parental Supervision: Instead of blaming the child, defense attorneys might argue that parents didn’t watch their child closely enough. This can shift fault to parents rather than children, but it doesn’t get rid of the venue’s responsibility.

Age-Appropriate Expectations: Older children and teenagers can be found partly at fault, but the standard is based on what’s reasonable for someone their age, not adult standards.

The Role of Expert Witnesses

In entertainment venue responsibility cases, expert witnesses often make the difference between winning and losing. These cases frequently involve complex technical issues that judges and juries need help understanding.

Types of Experts in Entertainment Venue Cases

Safety Engineers: These experts analyze ride design, maintenance steps, and mechanical problems. They can explain whether equipment was properly designed, installed, and maintained according to industry standards.

Accident Reconstruction Specialists: These experts use physics, engineering principles, and computer modeling to figure out exactly how an accident happened. They can often provide super clear visual presentations that help juries understand complex accidents.

Industry Standards Experts: Former amusement park operators, safety consultants, and industry professionals can testify about accepted practices in the entertainment industry and whether a venue met reasonable standards.

Medical Experts: Doctors and other medical professionals explain your injuries, what treatment you need, and what to expect long-term. They can also give opinions about causation – whether your injuries were caused by the accident or by other things.

Economic Experts: These specialists calculate the financial impact of your injuries, including lost earning ability, future medical expenses, and other financial losses.

Life Care Planners: For serious injuries, these experts develop detailed plans outlining all future care needs and associated costs over your lifetime.

What Makes a Good Expert Witness

Not all experts are created equal. The best expert witnesses for your case will have:

Relevant Credentials: Advanced education, professional licenses, and lots of experience in their field.

Industry Experience: For entertainment venue cases, experts who have worked in the amusement industry or with similar facilities are particularly valuable.

Communication Skills: The ability to explain complex technical ideas in ways that judges and juries can understand is super important.

Credibility: A history of honest, unbiased opinions and professional behavior in previous cases.

Availability: Experts who can commit the time needed to thoroughly analyze your case and show up for questioning and trial.

How Experts Develop Their Opinions

Expert witnesses don’t just show up and give opinions off the top of their heads. They do thorough investigations and analyses:

Document Review: Experts review all important documents, including maintenance records, inspection reports, manufacturer specifications, and incident reports.

Site Inspections: When possible, experts visit the accident scene to examine conditions, take measurements, and understand the physical environment.

Testing and Analysis: Depending on the case, experts might conduct tests, run computer simulations, or perform other analyses to understand what happened.

Literature Review: Experts research published studies, industry standards, and technical information relevant to the issues in your case.

Collaboration: In complex cases, multiple experts might work together to get a full understanding of all the things that contributed to your accident.

Challenging the Defense’s Experts

The other side will have their own experts who will try to make the venue’s fault and your losses seem smaller. Good attorneys know how to challenge these opposing experts:

Credentials Review: We check opposing experts’ qualifications and look for any limits in their experience or expertise.

Methodology Challenges: We analyze whether opposing experts used proper methods and reliable data in forming their opinions.

Bias Issues: We investigate whether opposing experts have financial relationships with defendants or have given biased opinions in previous cases.

Cross-Examination Preparation: We prepare detailed cross-examinations designed to show weaknesses in opposing experts’ opinions and methods.

The Cost of Expert Witnesses

Expert witnesses can be expensive, with fees ranging from hundreds to thousands of dollars per hour. However, they’re often essential for proving complex cases and getting the most money back.

At McCormick & Murphy, we advance the costs of expert witnesses and other case expenses, so you don’t have to pay these costs upfront. We only get these expenses back if we win your case through settlement or trial verdict.

We also work with experts we’ve used successfully in previous cases, which helps control costs and ensures we’re working with professionals who understand our approach and can provide effective testimony.

Dealing with Insurance Companies

Insurance companies play a big part in entertainment venue responsibility cases, and understanding how they operate can help you avoid common problems and protect your interests.

The Insurance Company’s View

Remember that insurance companies are businesses focused on minimizing how much they have to pay out. When you file a claim, you’re not dealing with a neutral party trying to help you – you’re dealing with a company that profits by paying as little as possible on claims.

Profit Motive: Insurance companies make money by collecting premiums and paying out less in claims. Every dollar they save on your claim increases their profit.

Volume Business: Large insurance companies handle thousands of claims. They have systems and procedures designed to process claims efficiently and cost-effectively, not necessarily fairly.

Information Advantage: Insurance companies have lots of experience handling injury claims and access to data about similar cases. They know what cases typically settle for and will use this information to their advantage.

Legal Resources: Insurance companies have teams of experienced attorneys, adjusters, and experts. They can afford to fight cases that individual injury victims might not be able to pursue.

Common Insurance Company Tricks

Understanding common insurance company tricks can help you avoid making mistakes that hurt your case:

Quick Settlement Offers: Insurance companies often make quick, low settlement offers, especially when injuries initially seem minor. These offers are almost always far less than cases are actually worth, and they’re designed to resolve claims before the full extent of injuries becomes apparent.

Recorded Statements: Adjusters will ask for recorded statements about how the accident happened. These statements are designed to get you to say something that can be used against you later. You’re not legally required to give recorded statements to the other party’s insurance company.

Medical Records Fishing Expeditions: Insurance companies will ask for tons of medical records, often going back many years before your accident. They’re looking for pre-existing conditions or other issues they can use to make your claim seem smaller.

Surveillance: In cases involving significant claimed losses, insurance companies sometimes watch injury victims to try to catch them doing activities that go against their claimed limitations.

Delay Tactics: Insurance companies know that financial pressure increases over time. They might delay claim processing hoping you’ll accept a lower settlement because you need money for medical bills or living expenses.

Social Media Monitoring: Insurance companies routinely check social media profiles of injury claimants looking for posts or photos that might make it seem like you’re not as hurt as you claim.

Protecting Yourself During the Claims Process

Here are some practical steps you can take to protect yourself when dealing with insurance companies:

Don’t Give Recorded Statements: You’re not required to give recorded statements to the other party’s insurance company, and these statements are rarely in your best interest.

Be Careful What You Say: Even casual conversations with insurance adjusters can be used against you. Stick to basic facts and don’t guess about causes or minimize your injuries.

Don’t Sign Medical Releases: Broad medical releases give insurance companies access to all your medical records, including information that’s not relevant to your claim.

Write Everything Down: Keep records of all communications with insurance companies, including dates, times, and the names of people you spoke with.

Don’t Accept Quick Settlement Offers: Take time to understand the full extent of your injuries and losses before considering any settlement offers.

Be Careful on Social Media: Avoid posting photos or comments that might be misinterpreted as showing you’re not as injured as you claim.

Get Legal Representation: Having an experienced attorney levels the playing field and ensures your rights are protected throughout the process.

When to Get an Attorney Involved

Many people try to handle insurance claims themselves, especially when injuries initially seem minor. However, there are several situations where legal help is particularly important:

Serious Injuries: Cases involving significant injuries, permanent disabilities, or substantial medical expenses are too important to handle without professional help.

Disputed Responsibility: If the insurance company is saying they’re not responsible or claiming you were at fault, you need an attorney to protect your interests.

Multiple Parties: Cases involving multiple potentially responsible parties or insurance companies are complex and need experienced legal guidance.

Bad Faith Conduct: If an insurance company is acting in bad faith by unreasonably denying claims or failing to investigate properly, you may need an attorney to hold them accountable.

For more information about dealing with insurance company bad faith, you might find our resources on filing complaints against insurance companies in Colorado and challenging insurance company decisions helpful.

The Value of Legal Representation

Having an experienced attorney handle your insurance claim provides several important advantages:

Knowledge of True Case Value: Attorneys who handle these cases regularly know what similar cases are worth and can evaluate settlement offers realistically.

Investigation Resources: Law firms have resources to conduct thorough investigations, hire experts, and develop evidence that individual claimants can’t access.

Negotiation Experience: Experienced attorneys know how to negotiate effectively with insurance companies and when to say no to inadequate offers.

Trial Capability: Insurance companies take cases more seriously when they know the attorney is willing and able to take the case to trial if necessary.

Stress Relief: Having professional representation allows you to focus on your recovery while someone else handles the legal details.

Real-World Examples and Case Studies

Understanding how entertainment venue responsibility cases work in real life can help you better understand your own situation and what to expect. While every case is unique, looking at real examples can show important principles and common issues.

Case Study: Mechanical Ride Problem

A family visited a local amusement park where their teenage son was hurt when a restraint system failed on a spinning ride. The boy was thrown from his seat and suffered a broken arm, concussion, and multiple bruises.

The Investigation: Our investigation showed that the ride had been having on-and-off problems with its restraint system for several weeks before the accident. Maintenance records showed that mechanics had tried to fix it multiple times but hadn’t properly figured out the main problem. The ride manufacturer had sent out a technical notice about this specific issue, but the park hadn’t put the recommended fix in place.

The Legal Issues: The case involved multiple reasons for responsibility, including careless maintenance, not following manufacturer guidelines, and not enough staff training. The park’s insurance company initially argued that the boy had somehow messed with his restraint, but witness testimony and expert analysis proved this wasn’t possible.

The Outcome: The case settled for a substantial amount that covered all medical expenses, paid for pain and suffering, and provided funds for ongoing monitoring of the head injury. The park also agreed to put in place extra safety procedures to prevent similar accidents.

Key Lessons: This case shows how important a thorough investigation and expert analysis are. Without a detailed look at maintenance records and expert testimony about the mechanical problem, it would have been hard to prove the park’s carelessness.

Case Study: Water Park Drowning

A young child nearly drowned in a crowded wave pool at a water park. The child was underwater for several minutes before being rescued, resulting in significant brain damage from lack of oxygen.

The Investigation: Investigation showed that the water park was operating with fewer lifeguards than recommended by industry standards. The wave pool area was particularly crowded that day, making it hard for lifeguards to watch all swimmers effectively. Security camera footage showed that the child was underwater for nearly three minutes before being spotted.

The Legal Issues: The case involved questions about enough staffing, proper supervision, and whether the facility was operating beyond safe capacity limits. The defense argued that parents should have been watching their child more closely, bringing up comparative fault issues.

The Outcome: This case went to trial, where a jury found the water park primarily responsible for the accident. The decision included substantial money for past and future medical care, as well as payment for the child’s diminished quality of life.

Key Lessons: This case shows the importance of enough supervision at water venues and how expert testimony about industry standards can be super important in proving carelessness.

Case Study: Slip and Fall at Indoor Entertainment Center

An adult patron slipped and fell on a wet floor near a food service area at an indoor entertainment complex, suffering a severe back injury that needed surgery.

The Investigation: Investigation showed that the entertainment center had a history of problems with spilled drinks and wet floors in the food service area. While they had steps for cleaning up spills, these steps weren’t being followed consistently. On the day of the accident, several witnesses reported seeing wet areas that hadn’t been cleaned up quickly.

The Legal Issues: The case involved questions about the venue’s duty to keep premises safe and whether they had enough steps for spotting and cleaning up dangerous conditions. The defense argued that the patron should have been more careful and seen the wet area.

The Outcome: The case settled during mediation for an amount that covered medical expenses, lost wages, and money for ongoing back problems that prevented the patron from returning to their physically demanding job.

Key Lessons: This case shows how seemingly minor accidents can result in serious injuries and substantial losses. It also shows the importance of venue policies and procedures for maintaining safe conditions.

Case Study: Not Enough Security

A family was assaulted in a parking lot after leaving an entertainment venue, resulting in injuries and significant psychological trauma.

The Investigation: Investigation showed that the entertainment venue had minimal security presence and poor lighting in their parking areas. Police reports showed a pattern of criminal activity in and around the venue that management was aware of but hadn’t properly addressed.

The Legal Issues: The case involved questions about the venue’s duty to provide reasonable security and whether the criminal activity was predictable. The defense argued that they couldn’t be responsible for the criminal acts of third parties.

The Outcome: The case settled for a significant amount that included money for medical treatment, psychological counseling, and the ongoing impact of the trauma on the family’s daily life.

Key Lessons: This case shows that entertainment venues can be responsible for injuries caused by third parties if they fail to provide reasonable security measures. It also shows the importance of documenting psychological injuries and their impact.

Case Study: Trampoline Park Injury

A teenager suffered a serious leg fracture at an indoor trampoline park when she crashed into another patron during a busy period.

The Investigation: Investigation showed that the trampoline park was allowing more patrons in the jumping areas than recommended by safety guidelines. Staff supervision was minimal, and there were no effective steps for preventing collisions between jumpers of different sizes and skill levels.

The Legal Issues: The case involved questions about capacity limits, enough supervision, and whether the facility had reasonable rules and steps for preventing collisions. The teenager had signed a liability waiver, which the defense argued blocked her claim.

The Outcome: Despite the liability waiver, the case settled for a substantial amount based on the facility’s failure to follow basic safety guidelines. The waiver didn’t protect them from responsibility for gross carelessness in operating beyond safe capacity limits.

Key Lessons: This case shows that liability waivers don’t provide absolute protection for entertainment venues, especially when they fail to follow basic safety procedures. It also illustrates the risks that come with overcrowding at active entertainment venues.

Moving Forward: Your Next Steps

If you or a loved one has been hurt at an entertainment venue in Denver, you’re probably feeling overwhelmed and unsure about what to do next. Let me walk you through some practical steps you can take to protect your rights and get the help you need.

Immediate Priorities

Focus on Your Health: Your first priority should always be getting proper medical care. Don’t put off treatment because you’re worried about costs or because you think your injuries aren’t serious enough. Some injuries, particularly head injuries, can have delayed symptoms that show up days or weeks after an accident.

Follow Medical Advice: Once you start treatment, follow your doctors’ recommendations carefully. Go to all appointments, take medications as prescribed, and follow through with recommended therapy or rehabilitation. Insurance companies will use any gaps in treatment to argue that you’re not really hurt.

Write Everything Down: Start keeping detailed records of your medical treatment, how your injuries affect your daily life, and any expenses related to your accident. This documentation will be valuable whether you settle your case or go to trial.

Save Evidence: Keep any damaged clothing, personal items, or other physical evidence from your accident. Take photos of your injuries as they heal. If you have any documents from the entertainment venue, keep them safe.

Protecting Your Legal Rights

Don’t Talk to Insurance Companies: If insurance adjusters contact you, remember that you’re not required to give statements or sign releases. It’s usually best to send them to your attorney once you have legal help.

Be Careful What You Say: Avoid discussing your accident or injuries on social media or in public. Even innocent comments can be taken out of context and used against you.

Don’t Accept Quick Settlement Offers: Insurance companies often make quick, low settlement offers hoping you’ll accept before you understand the full extent of your injuries and losses. These early offers are almost always too low.

Consider Legal Representation: While not every case needs a lawyer, entertainment venue injuries often involve tricky legal and technical issues that are tough to handle on your own. At minimum, consider talking with an experienced personal injury attorney to understand your choices.

Questions to Ask Potential Attorneys

If you decide to seek legal help, here are some important questions to ask potential attorneys:

Experience: How many entertainment venue responsibility cases have they handled? What were the outcomes?

Resources: Do they have the resources to thoroughly investigate your case and hire necessary experts?

Communication: How will they keep you informed about your case? Who will you primarily work with?

Fees: Do they work on a contingent fee basis? What expenses might you be responsible for?

Timeline: What’s their realistic guess for how long your case might take?

Strategy: What’s their initial assessment of your case and potential plans for pursuing it?

What to Expect from the Legal Process

Initial Consultation: Most personal injury attorneys offer free consultations where they’ll evaluate your case and explain your options. Come prepared with all relevant documents and a clear timeline of events.

Investigation Phase: If you hire an attorney, they’ll start investigating your case, gathering evidence, and talking with experts as needed.

Medical Treatment: Keep focusing on your medical treatment and recovery. Your attorney will handle the legal stuff while you concentrate on getting better.

Settlement Negotiations: Most cases settle out of court, but this process can take time. Your attorney will negotiate with insurance companies to get you fair money.

Trial Preparation: If settlement negotiations don’t work out, your case will move toward trial. This involves extra preparation and can take months or years to complete.

Why Choose McCormick & Murphy, P.C.

If you’re looking for experienced help for an entertainment venue injury case, we’d be honored to help. Here’s what sets us apart:

Lots of Experience: With over 60 years of combined experience, Kirk McCormick and Jay Murphy have handled thousands of personal injury cases, including many involving entertainment venues and premises responsibility.

Personal Attention: You’ll work directly with experienced attorneys, not just with staff members. We limit our caseload so we can give each case the attention it deserves.

Proven Track Record: We’ve recovered millions of dollars for injured clients throughout Colorado. While we can’t promise specific results, our track record shows our ability to get meaningful money for our clients.

No Upfront Costs: We handle cases on a contingent fee basis, which means you don’t pay attorney fees unless we get money for you. We also advance case expenses, so you don’t have to pay for experts, investigations, or other costs upfront.

Local Knowledge: We’ve been practicing in Colorado for decades and understand local courts, judges, and legal procedures. We’re also familiar with entertainment venues throughout the Denver area.

You can reach us at (720) 782-8595 to discuss your case, or visit us at our Denver office for a free consultation. We’re here to help you understand your rights and get the money you deserve.

Taking Control of Your Situation

Being hurt at an entertainment venue can feel like losing control over your life. You didn’t choose to be hurt, and you’re now dealing with medical bills, lost wages, and pain you never asked for. While we can’t undo what happened, we can help you get some control back by going after the money you’re owed.

Remember that you have rights, and entertainment venues have duties. When they fail to meet those duties and people get hurt, they should be held responsible – both to pay injured victims and to encourage better safety practices that protect other families in the future.

The legal process might seem scary, but you don’t have to face it alone. Experienced attorneys can guide you through the process, handle the complex legal issues, and fight for the money you deserve while you focus on what’s most important – your recovery and getting your life back on track.

Don’t let insurance companies take advantage of you during a difficult time. You deserve fair money for your injuries, and with the right legal help, you can get the support you need to move forward with your life.

Conclusion: Protecting Your Family’s Rights and Safety

Entertainment venues should be places where families create happy memories, not where they suffer injuries that change their lives forever. While most visits to amusement parks, water parks, and other entertainment facilities are perfectly safe, accidents do happen – and when they do, it’s important to understand your rights and options.

The key points to remember are:

• Entertainment venues owe you a high level of care to keep their places and activities reasonably safe. This includes regular checks, proper maintenance, enough staff, and clear safety steps.
• When venues don’t meet their safety duties, they can be held responsible for injuries that happen. This responsibility exists even if you signed a waiver, as long as the venue’s actions were careless or grossly careless.
• Colorado’s comparative fault system means you can still get money even if you played some part in your accident, as long as you’re not more than 50% at fault.
• Different types of injuries bring different challenges and opportunities in legal cases. Serious injuries like brain trauma, spinal cord damage, or significant psychological harm can result in substantial money, but they need experienced legal help to handle properly.
• Insurance companies are not your friends in these situations. They’re businesses focused on minimizing their costs, and they have lots of resources and experience in handling injury claims. Having experienced legal help levels the playing field.
• The legal process can be complex and take time, but most cases settle out of court for fair money. The key is having attorneys who know how to investigate thoroughly, work with the right experts, and negotiate effectively with insurance companies.

At McCormick & Murphy, P.C., we’ve been helping Denver families sort through these tough situations for nearly three decades. We understand both the legal ins and outs and the human impact of serious injuries, and we’re committed to getting our clients the money they deserve while they focus on recovery.

If you or a loved one has been hurt at an entertainment venue, don’t try to handle the situation alone. Contact us at (720) 782-8595 for a free chat where we can evaluate your case and explain your options. Remember, we work on a contingent fee basis, so you don’t pay attorney fees unless we get money for you.

Your family’s safety and rights matter. When entertainment venues don’t protect their guests, they should be held accountable – both to pay injured victims and to encourage better safety practices that protect future visitors. We’re here to help you get the justice and money you deserve, so you can focus on what matters most: healing and moving forward with your life.

Entertainment should be fun, not dangerous. When venues don’t live up to their safety responsibilities, we’re here to help make things right.