Fall Festival Injuries

Maison Law represents victims injured at Fall Festivals in California. If you or a loved one has suffered an injury at a fall festival, the personal injury attorneys at Maison Law can help you get the compensation you need. Contact Maison Law today for a free consultation and case evaluation.

Do I Need a Lawyer if I’ve Been Injured at a Fall Festival in California

When you attend a fall festival, the last thing you expect is to suffer a serious injury. But if the premises are not properly maintained, or safety protocols are ignored, then thousands of festival goers are at risk of suffering a severe injury. Every fall, farms and churches across the Golden State sponsor fall festivals featuring corn mazes, pumpkin patches, and hayrides. Unfortunately, these attractions can lead to serious injury if not well maintained. In fact, a simple Google search for “hayrides” will show you just how common hayride accidents are every fall. So, if you’re injured at a Fall Festival this year, what should you do?

If you’ve been injured at a Fall Festival, it is advisable to speak to a premises liability attorney about your incident. An attorney can make you aware of your right to compensation as well as:

• Connect you to trusted doctors for continued treatment
• File a lawsuit to get you compensation for your:
  • Medical expenses
  • Lost wages
  • Pain and suffering
• Assign liability to all additional parties responsible
• Communicate with insurance adjusters on your behalf
• Build your case by gathering concrete evidence to confirm your claim
• Represent you in court if your case goes to trial

Who is at Fault for a Fall Festival Injury?

When a personal injury occurs at a Fall Festival it is typically due to a premise liability. Premise liability requires property owners to keep their areas safe for everyone working on or visiting their property. Most of the property used for fall festivals consists of churches and farms, which typically do not accommodate hundreds, or even thousands, of visitors per day. This allows for certain safety laws to be ignored. If a failure to maintain a safe environment results in someone getting injured, the property owner is liable according to California’s Civil Code 1714(a), which states:

“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”

Depending on the details of your injury, there can be several liable parties involved. Common liable parties for fall festival injuries include:

• The property owner
• The business owner
• The maintenance company
• A contractor or subcontractor
• The ride manufacturer

What Should I Do After a Fall Festival Injury?

Let’s say you’re at the Autumn Moon Festival in Sonoma Valley. You’re rising up in the air on a Ferris wheel, overlooking the festival when you experience a sudden drop. The bolts holding your cart suspended in the air collapse and you crash back down to the ground. You try to get up but your legs are broken from the fall. What should you do?

First and foremost, you should not do anything until you receive medical treatment. Nothing is more important than your health. Next, you, or someone with you, should take the following steps to protect your right to compensation and build a strong case for your personal injury claim:

• Report the injury to management: Injuries at fall festivals are not uncommon and they require a prompt investigation. Make sure someone at the fair has a written statement. Have them photograph your injuries and request they save the video surveillance evidence.
• Take your own photos and get witness’s information: Hazardous conditions are typically removed very quickly, so it is important for you to capture the dangerous environment while it is still there. This will strengthen your case and make it difficult for them to deny your claim.
• Follow up on your injuries with a doctor: Some injuries take time to manifest and won’t show up until days or weeks later. Anything you’ve sustained from your slip-and-fall accident will become a part of your case and you will need a doctor to corroborate your injuries.

Here are things you should NOT do if you’ve been injured at a fall festival:

• Do not admit fault and do not sign any statements: You are not required to sign anything. Being involved in an accident can put you into an altered state and you may not be thinking straight. So, it is advised to decline signing anything until you’ve spoken with an attorney.
• Do not provide the festival owner’s attorneys or its claims adjusters with a recorded statement: Insurance adjusters are experts at tricking victims into taking the blame for their injuries or dissolving their clients of any responsibility for the hazardous environment they created.
• Do not accept any early settlement offers: Take the time to decide if you would like to pursue a claim or not. Insurance companies will be looking to settle quickly and for the lowest amount possible. According to California’s statute of limitations, you have two years from the date of the accident to decide if you would like to file a lawsuit.

What is the Settlement Process for a Fall Festival Injury in California?

The majority of premise liability cases are settled before they go to trial. Negotiations between the plaintiff’s lawyer (the injured party) and the defendant’s lawyer (the party liable for your injuries) generally go as follows:

1. The plaintiff’s lawyer sends a demand letter outlining injuries suffered along with requested financial compensation
2. The defendant’s lawyer reviews the request and may agree fully, partially, or deny liability altogether.
3. If both sides are in agreement, a premises liability settlement will be signed without going to trial.

The steps listed above highlight why it is important for any personal injury victim to have an experienced attorney who knows how to negotiate effectively and manage insurance company lawyers on your behalf.

What is the Typical Compensation for a Fall Festival Injury in California?

Unfortunately, there is no typical compensation for fall festival injuries. However, your economic damages are a good indicator of what you can expect to receive. These include:

• Medical expenses: your current bills and the cost of your anticipated, future medical care
• Lost wages: these include wages lost while you were too injured to work, as well as damages to your future earning capacity if your injuries are too severe for you to resume your occupational duties
• Medical equipment: costs of altering your home, or vehicle due to your disability
• Property damages: if any damage was done to your property during a slip-and-fall accident it can be included in your compensation

Other compensation-deciding factors include non-economic damages. These damages cannot be assigned a specific value because they include:

• Pain and suffering caused by your injuries
• Stress and anxiety due to the nature of your accident
• Your mental state after a life-changing accident
• Loss of consortium (to be filed by your spouse or immediate family member due to loss of love or companionship)

Contact a Fall Festival Injury Lawyer in California

If you or a loved one have suffered injuries due to a premises liability at a fall festival, the personal injury attorneys at Maison Law are here to help. We have years of experience in aggressively pursuing fair compensation for our clients. For expert legal counsel, contact Maison Law today for a free, no-risk consultation and case evaluation. There are no upfront fees at our firm and you will not pay a cent until we’ve won your case.