San Diego is an incredibly tourist-friendly location. The city welcomes nearly 35 million tourists and visitors each year. Popular tourist attractions include the San Diego Zoo, SeaWorld San Diego, Balboa Park, the USS Midway Museum, and the San Diego Padres Major League Baseball team.
These attractions generate significant revenue for the city and state, but can also pose a significant risk of personal injury in the event of an accident. California’s premises liability and negligence laws offer protection to these tens of millions of visitors – as well as local San Diego residents – if they are injured at one of San Diego’s popular tourist attractions.
Tourist Attraction Injuries
Many tourist attraction injuries are the result of slip and fall accidents. While injuries may sometimes be minor, it is possible for tourists to sustain severe and life-changing injuries. Tourist attraction injuries may include:
- Scrapes and lacerations;
- Broken limbs;
- Neck injuries;
- Traumatic brain injuries;
- Internal organ damage;
- Internal bleeding;
- Paralysis; and
Tourist Attractions Must Provide Reasonably Safe Premises for Visitors
In California, if you are injured in an accident while on another person or company’s property you may be able to recover damages in a premises liability or negligence lawsuit. Property owners, including San Diego tourist attractions and others who open their property to the public, have a responsibility to protect guests from reasonable and foreseeable harm. Failure to maintain this duty may result in liability to injured visitors.
If you or someone you love has been injured at a San Diego tourist attraction you may be able to recover compensation. A successful premises liability claim for damages will require proof that:
- The premises are owned or controlled by the tourist attraction;
- The tourist attraction was negligent in the use or maintenance of the property;
- You exercised reasonable care and caution;
- You suffered an injury; and
- The tourist attraction’s negligence was a substantial factor in causing this injury.
San Diego Tourist Attractions Must Take Extra Care in Providing Safe Premises
California tourist attractions are public places that thrive on customer volume. The more people that visit, the greater the profit. With the knowledge that these premises are frequented by tens of millions of customers each year, tourist attractions have a heightened duty to provide a safe and accident-free zone. To carry this heightened duty tourist attractions generally take extra precautions to ensure the facilities are properly staffed and maintained, hire proper security to oversee the premises, and run routine checks on facility property.
When a court hears a premises liability case they will take this heightened duty into consideration when reviewing the facts of the case. Courts will review factors including:
- The cause of the injury;
- The connection between the injury and the tourist attraction’s conduct; and
- Rules and procedures in place to prevent this type of injury.
In defense of premises liability cases, tourist attractions often argue that the cost associated with injury-proofing their facilities is overly burdensome and, instead, attempt to shift blame to the injured guest.
Damages in San Diego Tourist Attraction Injury Lawsuits
Many tourist attractions have begun to issue waivers of liability for accidents or injuries that occur on the premises. While this may offer some protection if an accident or injury is foreseeable and avoidable if proper precaution and attention is used, these waivers may not hold up if an accident or injury is severe.
For example, if you attend a San Diego Padres game you may see a waiver on the back of your ticket. The waiver may read something along the lines of “fans in attendance seated in range of projectiles at own risk of injury.” Basically, the Padres want you to know that you’ve been warned if you’re hit by a foul ball or broken bat while sitting behind first base. If, however, you’re climbing the concrete steps to your seats in left center field and the railing comes undone, causing you to fall, you can probably hold them responsible. You would expect the danger of foul balls at a baseball game, but not poorly maintained steps.
If you or someone you know has been injured at a San Diego tourist attraction you may be able to recover compensation to help pay for medical expenses, rehabilitation, nursing care, prescriptions, corrective surgery, lost wages, and reasonably calculated loss of future wage. You may also be able to recover other damages that are less easily calculated. These may include things such as pain and suffering, mental anguish, and loss of consortium.
Experienced San Diego Tourist Attraction Injury Attorneys
Injuries sustained in a tourist attraction accident can be significant. Many times, the unexpected financial burdens associated with recovering impose additional – and unnecessary – stress on victims. The experienced San Diego personal injury attorneys at Injury Trial Lawyers, APC offer their services on a contingency fee basis to help clients focus on recovering. We do not get paid unless and until we recover compensation on your behalf. To learn more about your legal rights and options – as well as how we may be able to help – contact our office today for a free consultation.