By Matthew V. Villani
Generally, the proprietor of an amusement park is bound to exercise reasonable care and to “render the premises reasonably safe and fit for the use intended.” Clayton v. New Dreamland Roller Skating Rink, 14 N.J. Super 390, 395 (App. Div. 1951). This principle governs accidents that occur on the grounds of amusement parks and similar facilities. However, if the personal injury is related to the operation of rides at the amusement park, it is subject to the Carnival-Amusement Rides Safety Act (CARSA), codified at N.J.S.A. 5:3-31 to-59.
CARSA requires that an injured person file an accident report with the operator of the amusement park as a precondition to commencing litigation for personal injury. N.J.S.A. 5:3-57b. The report must be in writing and filed within ninety days of the incident leading to the injury. N.J.S.A. 5:3-57a, – 57c. That ninety day period may be extended only be leave of Court to one year.
In the matter of Doerflein v. Six Flags Great Adventure, 2006 WL 392980 (N.J. Super. Ct. App. Div. Feb. 22, 2006), a patron complained of neck injuries after riding a roller coaster at Great Adventure. Id. at 1. The plaintiff, however, did not file his accident report within the statutorily granted period of time and did not file for permission from the court to do so after the deadline. Id. at 3. Plaintiff attempted to argue that the signs required by CARSA were not conspicuously placed around the park and the lack of notices accounted for his delay in filing. Id. at 2. However, the court did not agree with the plaintiff, and denied him relief. Id. at 3. It concluded that individuals injured at amusement parks often have a cause of action, but that cause of action is contingent upon adhering to the statutory requirements of CARSA. Id.
Here at Ginarte Gonzalez & Winograd, LLP, we provide high-caliber representation to New York / New Jersey personal injury victims and their families. Contact our office at 1 (888) GINARTE for free consultation and we will make sure your rights are not lost.