Believe it or not, amusement park assault occurs with shocking frequency. If you have been assaulted at an amusement park, you may be able to obtain compensation for any injuries you suffered. These can include medical expenses, emotional pain and suffering, lost wages, and other associated costs.
But before we discuss what to do if someone assaults you at an amusement park, it is important to understand what constitutes an assault. In legal terms, assault is often mentioned alongside battery. However, assault can be a standalone crime and does not even require physical contact to have taken place. It is often defined as the “intentional creation of a reasonable apprehension of harm.”
In layman’s terms, if someone acts as though they are about to cause you harm, and you believe that you are about to be harmed, your assailant could be charged with assault, even if no physical contact was made. Battery, on the other hand, requires physical contact.
At S. Burke Law, we know how to handle all types of personal injuries, including those caused by assault. Our knowledgeable, compassionate legal team will thoroughly analyze the details of your case to determine the best legal strategy. We have an impressive track record of obtaining compensation for our clients in all types of personal injury cases. Contact us today at 404-842-7838 for a free and confidential consultation about your case.
Amusement Park Assault
Amusement parks have a duty of care to keep visitors and employees reasonably safe against being victimized by criminals. When the negligence of property owners, park owners, and park staff contribute to the harm of a visitor or employee, the responsible parties may be liable for any resulting injuries. If you have been injured at a theme park, amusement park, water park, zoo, or carnival, it is in your best interest to seek immediate legal counsel.
To prove that an actual assault occurred, your attorney will need to show the existence of the following three criteria:
- The act was intentional: If you felt threatened, but the defendant did not intend to threaten you, the act may not have been an assault. For example, if the defendant jumped out of the bushes to scare his sister, but accidentally scared you, this is not an assault.
- You were reasonably concerned for your safety: The threat must have been reasonable. If someone walks past you and quietly whispers “boo,” that is unlikely to cause reasonable fear. Likewise, if someone does something without your awareness, it may not be assault. For example, if another person is annoyed with you and pretends to punch you in the back of the head, without your knowledge, this is not likely to be considered an assault.
- You were harmed in the act: This is the tricky part because “harm” does not have to involve physical harm. If you were threatened and suffered emotional harm as a result, the third criteria for assault is satisfied. The harm can also be of a sexual nature. For example, if your assailant groped your breasts, or grabbed your buttocks.
If you have been assaulted, you likely have a criminal case against your assailant. But what many people do not know is, there may also be a civil case against the amusement park. You might be able to obtain compensation for damages suffered if you can prove that:
- The park neglected to uphold its duty of care to maintain a safe environment for patrons.
- That breach was a primary cause of your injuries.
- As a result, you suffered actual harm.
Contact Us Today
Attorney Sheryl L. Burke was a victim of the criminal justice system as a young child. As an adult, she decided to use her painful experience to help others navigate the legal system and bring justice to all. Since 1995, S. Burke Law has been providing affordable, accessible legal counsel to clients throughout Georgia.
If you have been the victim of an amusement park assault, or any other type of personal injury, our knowledgeable legal team will help you seek the maximum compensation you are entitled to. Contact S. Burke Law today at 404-842-7838 for a free and confidential consultation about your case.