Can I Sue an Amusement Part Over an Assault By Park Visitors

[tfryman]

My question involves an injury that occurred in the state of: Ohio

My brother and I went to Kings Island in Ohio. While standing in line for a ride we were assaulted by four Hispanic males. It took security almost 10 mins to help and by that time three of the four had already ran away. One of them stayed behind and continued to try and assault us. The first "security guard" that showed up didn't try to stop him until his backup arrived. My brother and I suffered various injuries including a broken nose and throwing my back out as I was shoved to the ground. The four men were charged with 1st degree assault and were sentenced and deported. Since I have no way of suing them for my injuries can I sue Kings Island for lack of security? We racked up a nice hospital bill having them fix the broken nose and chiropractor visits for the back injury.

[jk]

you can try but you have several hurdles to overcome.

1. was this a single incident or is there a history of such violence?
If a single incident, winning is unlikely. If there was a history of such violence and King's Island failed to provide adequate security for a known problem, your chances of winning increase.

2. what was your part in the situation?
If you had anything other than that of a victim, you would lose. You don't get to antagonize a situation and be rewarded for your actions.

3. Depending on whether the delay allowed for the injuries or they had already happened, when they intervened could make a difference. Depending how long any action was delayed while waiting for back up could make a difference.

4. how long ago did this happen? If they have already been tried and deported, that suggests a considerable time has passed. If you are beyond any applicable statute of limitations, you can no longer sue.

I suspect it is too late now but preserving any video of the situation may be critical to proving any claims.

The biggest hurdle at the moment is the statute of limitations. If that has passed, it would be a waste to continue along this path. If it has yet to pass, it might be worth speaking with an attorney who can review the specific facts of the situation and give you an opinion of the viability of such a case. Generally, this would be a losing suit. The proprietor is not required to provide a chaperon for every person in the park so if they took reasonable actions to stop the attack, they will not be held liable for the damages.

Based on the relatively low cost of the treatment required and a lack of long term effects, I suspect you will be looking to pay a lawyer out of pocket which would almost assuredly exceed any winnings.