What to Do When You’re Injured on an Amusement Park or Carnival Ride in New Jersey
Summer is a time for having fun at amusement parks, carnivals, and local fairs. Although these places are often a source of fun and enjoyment, people do occasionally suffer injuries while on amusement rides. If you are injured at an amusement park, carnival, or fair, you may be able to pursue a claim for your injuries.
In order for the claim to be successful, you must comply with the accident reporting requirements of the Carnival-Amusement Rides Safety Act (CARSA), N.J.S.A. 5:3-31 et seq. Amusement park, carnival, and fair operators are required by law to have designated locations for patrons to fill out these types of reports, and must also post clearly visible notices of the reporting requirement throughout their parks.
Fill out a written report with the operator of the park, carnival, or fair within 90 days of the incidentThe report must include certain items in order to comply with the law, m, must contas it will serve to notify the operator that an accident has occurred in their park. The report should state the details of your accident, and, at a minimuain the following information: Your name and address, a brief description of where in the park, carnival, or fair the accident occurred, what you believe caused the accident, the name and address of the ride operator, Any witnesses or others involved- if any
Verify your claim has been filed with the Department of LaborWhile amusement park, carnival, and fair operators are required to report any accidents to the Department of Labor, you should not rely on them doing so. Make sure to fill out the report yourself at one of the park's designated locations to ensure that you have met the obligations of CARSA and are not prevented from filing a claim against them. Once filed, you will be entitled to receive a copy of your report from the Department of Labor. If you submit a written report, make sure to obtain a copy for proof of filing. Filling out the accident report with the amusement park operator within the 90 day window is critical to pursuing a claim. Failure to do so, in most cases, is fatal to your claim. Only in the rare situation, where a judge grants permission to give a late report, will this 90 day window be extended. The judge will only grant an extension if you can show that the park operator will not be prejudiced by the delay and that there is "sufficient reason" for your untimeliness. Such a high standard means that it is crucial that you file the written report within the 90 day window in order for your claim to have the best chance for success.