What Is a Premises Liability Case?

Injured at an amusement park, water park, trampoline park, or other recreational facility? These businesses have a duty to keep rides, attractions, and premises safe. Our attorneys pursue full compensation for recreational injuries.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a premises liability in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Amusement Park and Recreational Injury Lawyers in Georgia & South Carolina

Amusement parks, water parks, trampoline parks, go-kart tracks, zip lines, and other recreational facilities attract millions of visitors each year. While these attractions are designed for fun, they carry inherent risks — and when operators fail to maintain rides, train staff, or enforce safety rules, the consequences can be catastrophic. The Consumer Product Safety Commission tracks thousands of amusement ride injuries annually at fixed-site parks, and that number grows significantly when mobile rides (fairs and carnivals), trampoline parks, and other recreational venues are included.

At Roden Law, our recreational injury attorneys represent visitors injured at amusement and recreational facilities throughout Georgia and South Carolina. We hold operators, property owners, equipment manufacturers, and corporate franchisors accountable when their negligence turns a day of family fun into a life-changing tragedy.

Types of Recreational Facility Injuries

Our attorneys handle injury claims at a variety of recreational venues:

  • Amusement park rides: Roller coaster derailments, restraint failures, ride ejections, mechanical malfunctions, and operator error
  • Water parks: Drowning, near-drowning, waterslide collisions, wave pool incidents, and chemical exposure. See also our swimming pool accident page.
  • Trampoline parks: Broken bones, spinal cord injuries, traumatic brain injuries, and paralysis from bouncing collisions, falls, and landing in foam pits
  • Go-kart tracks: Collisions, ejections, roll-overs, and track design defects
  • Zip lines and ropes courses: Equipment failure, harness defects, and operator error
  • Bounce houses and inflatable attractions: Collapses, wind-related incidents, and overcrowding injuries
  • Miniature golf, batting cages, and arcades: Structural hazards, equipment defects, and premises maintenance failures

Georgia and South Carolina Amusement Ride Safety Laws

Both states regulate amusement ride safety:

  • Georgia: O.C.G.A. § 34-12-1 et seq. (Georgia Amusement Ride Safety Act) requires registration and inspection of amusement rides, sets operator qualifications, and mandates accident reporting. The Office of Insurance and Safety Fire Commissioner enforces the act.
  • South Carolina: S.C. Code § 41-18-10 et seq. (Elevator and Amusement Rides Safety Code Act) covers amusement rides, requiring inspections, insurance, and compliance with ASTM International standards for amusement ride safety.

Violations of these statutes — operating without proper inspections, using untrained operators, or failing to report accidents — constitute negligence per se and powerfully support injury claims.

Waivers and Assumption of Risk

Most recreational facilities require visitors to sign liability waivers. Many families believe these waivers prevent them from suing if they’re injured. However:

  • Georgia: Liability waivers are enforceable for ordinary negligence in Georgia, but they do not bar claims for gross negligence, willful misconduct, or violations of safety statutes. Waivers signed on behalf of minors are also subject to legal challenge.
  • South Carolina: South Carolina courts enforce liability waivers more strictly than many states, but waivers cannot protect against gross negligence, recklessness, or intentional conduct. Waivers for minors are generally unenforceable.

Our attorneys analyze every waiver to determine whether it is enforceable under the specific circumstances of your case.

Multiple Liable Parties

Recreational injury cases often involve multiple defendants, including the facility operator, the property owner (if different), ride or equipment manufacturers (product liability), maintenance contractors, franchisors (for franchise-branded parks), and event organizers (for fairs, festivals, and temporary attractions).

Compensation for Recreational Injuries

Victims may recover medical expenses, rehabilitation costs, lost wages, pain and suffering, permanent disability, disfigurement, emotional distress, and wrongful death damages. Punitive damages are available under Georgia (O.C.G.A. § 51-12-5.1) and South Carolina law when the operator’s conduct was willful, malicious, or showed conscious indifference to safety.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

What to Do After an Injury on Someone Else's Property

  1. Report it to the property owner or manager in writing. Ask for a copy of any incident report. Verbal notice to whoever was on shift tends to disappear.
  2. Photograph the condition before it is repaired. Dangerous conditions get fixed quickly once someone is hurt — which is good for everyone except your ability to prove what it looked like.
  3. Work out who actually controlled the property. Owner, tenant, management company, security contractor, and maintenance vendor are often five different businesses with five different insurers. Note every name and logo you see.
  4. If you were the victim of a crime on the property, get the police report. Negligent security claims turn on whether the owner knew the area was dangerous. Prior incidents at the same address are usually the proof, and they are on record.
  5. Request preservation of surveillance footage in writing. Retention is often measured in days. Ask in writing and keep a copy of the request.
  6. Get medical care and keep every record. Follow through on referrals. Gaps in treatment are the most common way a serious injury gets valued as a minor one.
  7. Do not sign a release or give a recorded statement. The adjuster calling within days works for the property owner. Roden Law offers free consultations.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-530).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: Premises Liability Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Amusement Park and Recreational Injury Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.