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Amusement park riders have limited rights in Colorado if they’re injured or killed – Denver, Colorado

Denver, Colorado 2021-09-08 19:50:37 –

Parents of a 6-year-old girl who died while riding at Glenwood Cave Amusement Park said she would have a hard time holding the park accountable for her death if the park signed an exemption on her behalf. Legal experts say.

According to Colorado law, parks and their employees cannot act recklessly, but according to the University of Denver, those who sign the exemption agree to “make the company negligent.” Law University Professor Tom Russell..

And in Colorado, “parents can waive responsibility for their children,” Russell said, saying that other states like New Jersey haven’t allowed it. “It is not moral for Colorado to make this possible. It ignores children.”

Russell said his parents might sign a waiver, believing it wasn’t really enforceable. They are wrong.

“If properly drafted, waivers tend to be enforceable,” Russell said. “If the exemption includes a negligence clause, it is an exemption for the inherent risks of the activity and the negligence of the business. There is a problem.”

Thousands of people ride amusement park attractions each year, from the largest resorts to the smallest mobile amusement parks. Virtually everyone will be exempt from liability for signing or passively accepting by purchasing a ticket.

for example, The Elitch Gardens website has its terms of use It’s on a link away from the ticket purchase page. On top of that, a large letter states that the guest agrees to keep the park harmless by purchasing a ticket from all claims, including illegal death that could result from negligence.

Colorado law governing allegations of tort Russell also said he would limit non-economic damages to about $ 571,000.

To recover more, you need to show that your business is deliberately reckless, such as knowing that your seatbelts have been removed or deferring important maintenance for a busy day. .. Otherwise, a disclaimer will apply and indemnify your business.

“If you choose a state to get injured, Colorado is a bad state,” he said.

A copy of Glenwood Cave’s disclaimer Whatever you get from that website, anyone who wants to use any of the 15 different attractions, including Minedrop, clearly acknowledges that it is dangerous and “at risk of physical injury or death.” It shows that it is.

Amusement park riders have limited rights in Colorado if they’re injured or killed Source link Amusement park riders have limited rights in Colorado if they’re injured or killed

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