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How to Seek Damages for Injuries in Tourist Attractions and Public Places

7Newswire

There is always the risk of accidents anywhere you go. It can be a bad fall from a slippery, wet grocery store floor, or you can trip and have a bad fall due to uneven pavement on a sidewalk. Accidents and injuries often occur at tourist attractions as well. There have been many reported incidents of tourists and local visitors getting hurt inside theme parks or zoos.

Vacation spots and public places such as theme parks are responsible for ensuring the safety of guests and employees. When something goes wrong in such places due to negligence, people suffer from pain, families lose loved ones, and they face financial burdens.

What rights do you have if you are injured in a public place due to negligence? This article will help you navigate personal injury claims in tourist attractions and public places and provide tips on seeking damages.

Injury in a Public Place: Who Is Liable?

In public places like tourist attractions, the owner or manager is legally responsible for ensuring that guests are always safe. Whether it’s a restaurant, shopping mall, or park, customers expect that they are reasonably safe within the premises. The manager has to identify and remove potential hazards or provide adequate warning about them. Failing to do so will make them liable for any injuries on their property.

It can be challenging to determine who is responsible for your injuries. In most cases, the responsibility falls on the party who manages the premises. Depending on the area where the accident occurred, the property owner, manager, or even a tenant may be responsible. Public places owned by government entities, such as city parks, might have different rules and procedures for filing claims.

Possible Injuries in Public Places

There are a variety of injuries you can encounter when you are in public places – from cuts and bruises to fractures and sprains and even head injuries. Typical scenarios include:

  • Slip and fall. Surfaces that are wet and slippery can cause people to slip and fall. Sometimes, people trip over objects and other hazards.
  • Dimly lit places. When an area has inadequate lighting, people have difficulties seeing what’s around them. This can result in people tripping and falling over obstacles and getting injured.
  • Uneven surfaces. Theme parks and other public places should always have floors, sidewalks, and walking paths in good condition. Cracked and uneven surfaces and potholes are hazardous, causing people to trip and fall.
  • Falling objects. When they are not properly secured, hanging items like chandeliers and decorations can fall and injure unsuspecting guests.
  • Negligent security. Especially in public spaces, there’s a need for better security measures to prevent any untoward incidents like assaults and robberies.

Filing a Personal Injury Claim and How to Prove Negligence

If you sustain an injury in a public place, you must demonstrate that the property owner or manager was negligent in maintaining it. To do this, you must prove the following:

  • Owners or managers failed to provide their guests with a safe environment dictated by their duty of care.
  • There was a breach of duty. Property owners or managers failed to provide proper warnings or address any potential hazard within the premises.
  • Your injury is directly related to the breach of duty.
  • As a result of the injury, you sustained physical, emotional, or financial damages.

Any person injured in an accident can seek compensation from the person or party responsible. However, if you are a tourist visiting from out of state, you must adhere to the guidelines and laws that apply to the location of the accident. This means you must file your personal injury claim in the same state where you got injured, even if you don’t live there.

What to Do After the Accident

If you get injured in a public place, there are various steps that you should follow to protect your rights and ensure that you’ll be able to claim damages later.

  • Get medical help. In any accident, the most important thing to do is to seek medical attention immediately. If you can, get checked at a hospital or have someone call an ambulance to take you there. Even if it’s a minor injury, you still need to get checked since a medical record is necessary when filing a claim.
  • Make sure to take photos or videos of the scene of the accident. You will need them as evidence when you file your claim later.
  • Report the accident. Many guests, especially those from out of town, do not report their injuries to avoid inconvenience. However, if you want to seek damages, you should inform the property owner or manager about it and ensure there is a written report of the incident.
  • Collect information and preserve the evidence. Get the contact information of any witnesses who were there when the incident happened. If you get hurt by a physical hazard, ensure the object is preserved.
  • Don’t admit fault. When discussing the accident with management or the police, avoid making statements that could lead people to conclude that you are admitting fault.
  • Consult a lawyer. No matter your fault in the accident, it is better to consult a lawyer. An experienced premises liability attorney will be able to advise you on your next steps and how to seek damages.

Type of Damages You Can Seek

You can file a lawsuit and get compensation after getting injured in a public place or tourist destination. Depending on the seriousness of the injury you sustained, you may seek the following compensation:

  • Lost wages
  • Medical costs
  • Punitive damages for gross negligence and egregious actions
  • Pain and suffering
  • Emotional distress

Get Legal Representation

Navigating the legal system after an injury, especially if you’re from another state, can prove challenging. Personal injury claims process and limitations vary by state, so it is important to have a legal representation who knows the area where you got injured. Look for a lawyer who understands the complexities of personal injury and premises liability cases and will do everything possible to get you the compensation you deserve.